Cybersecurity Law
Authors:
Mireles, Michael S. / Hobaugh Jr., Jack L.
Edition:
1st
Copyright Date:
2022
17 chapters
have results for information privacy
Michael S. Mireles’s Cybersecurity Law Part 9 42 results (showing 5 best matches)
- In contrast to cybersecurity, privacy law is about protecting the privacy of humans. The International Association of Privacy Professionals (IAPP) identifies four main areas of privacy: information privacy, bodily privacy, territorial privacy, and communications privacy. Information privacy is the “claim of individuals, groups or institutions to determine for themselves when, how and to what extent information about them is communicated to others.” Bodily privacy “focuses on a person’s physical being and any invasion thereof. Such an invasion can take the form of genetic testing, drug testing or body cavity searches.” Territorial privacy is “concerned with placing ...into another individual’s environment. Environment is not limited to the home; it may be defined as the workplace or public space and environmental considerations can be extended to an international level. Invasion into an individual’s territorial privacy typically comes in the form of video surveillance, ID checks and...
- Privacy by Design is a phrase often used by privacy professionals. Privacy by Design is the concept whereby the designing stage for software incorporates privacy considerations. As already noted, privacy considerations apply to the protection of data that could adversely affect a person if the data is compromised. Thus, Privacy by Design is data-centric and could just as easily be referred to as security by design. Just as important if not more so, would be the application of cybersecurity testing during the design and development phases of software.
- This is a text on cybersecurity law; it is not a book on privacy. Actually, the origin of privacy law had nothing to do with cyberspace. A well-known lawyer and socialite Samuel D. Warren living in the Boston area in the late 1800s became alarmed when another invention the Kodak camera became available to the public. That meant Mr. Warren could not socialize in public without the threat of his activities being photographed by anyone who had purchased a Kodak camera. Future Supreme Court Justice Louis Brandeis joined the fight for privacy and in doing so created a privacy movement. Thus, in the beginning, computers and the internet were not even on the privacy law radar. Even today, one can violate privacy laws with just paper records. Yes, there can be a data breach with just paper records. Because privacy law predates cybersecurity law, it has been well covered in many texts.
- With that said, it would be impossible to ignore privacy law because of its intersection and interaction with cybersecurity law. For example, the Health Insurance Portability and Accountability Act (HIPAA), Children’s Online Privacy Protection Act (COPPA), and Gramm-Leach-Bliley Act (GLBA) are federal privacy laws that require the implementation of cybersecurity in some form or fashion. Most privacy books do not delve into the cybersecurity ramifications of these laws. This text does.
- To better understand how to define cybersecurity law and how cybersecurity law fits into the legal landscape, we must first look at two closely related subjects: cybersecurity and privacy law. Cybersecurity is the protection of machines, digital data, and networks. The foundation of providing cybersecurity protection is based on maintaining the security triad of confidentiality, integrity, and availability, commonly referred to as the CIA triad. Confidentiality is the protection of data, objects, and resources. Some authors focus mainly on data because privacy law focuses on sensitive data known as personally identifiable information (PII). Integrity is the protection of reliability and correctness of data. Availability is providing uninterrupted and timely access for those appropriately authenticated and authorized for data, objects, and resources. The European Union General Data Protection Regulation (GDPR) added a fourth category of Resilience to CIA that applies to the...
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 18 217 results (showing 5 best matches)
- As the authors acknowledged in the beginning of this book, cybersecurity, cybersecurity law, and privacy law overlap. Privacy cannot be achieved without cybersecurity. Some have confused information privacy law with the protecting the privacy of data. Data does not have privacy protection; people have privacy protection. Data has cybersecurity protection. But without protecting the data, humans cannot achieve privacy. On the heels of cybersecurity frameworks have developed privacy frameworks. Privacy frameworks acknowledge and incorporate and build upon the cybersecurity frameworks. The NIST Privacy Framework Version: A Tool for Improving Privacy Through Enterprise Risk Management, Version 1.0 was introduced on January 16, 2020.
- Organizations should encourage close coordination among their chief privacy officers, senior agency officials for privacy, chief information officers, chief information security officers, and legal counsel when addressing issues related to PII.
- EXAMPLE 4: An information system used for large acquisitions in a contracting organization contains both sensitive, pre-solicitation phase contract information and routine administrative information. The management within the contracting organization determines that: (i) for the sensitive contract information, the potential impact from a loss of confidentiality is moderate, the potential impact from a loss of integrity is moderate, and the potential impact from a loss of availability is low; and (ii) for the routine administrative information (non-privacy-related information), the potential impact from a loss of confidentiality is low, the potential impact from a loss of integrity is low, and the potential impact from a loss of availability is low. The resulting security categories, SC, of these information types are expressed as:
- The organization should collect and analyze available data about the state of the system regularly and as often as needed to manage security and privacy risks, as appropriate for each level of the organization (i.e., governance level, mission or business process level, and information systems level) [Dem10]. Continuous monitoring of information security requires maintaining ongoing awareness of privacy and security controls, vulnerabilities, and threats to support risk management decisions. The goal is to conduct ongoing monitoring of the security of an organization’s networks, information, and systems, and to respond by accepting, avoiding, or mitigating risk as situations change.
- CONFIDENTIALITY “Preserving authorized restrictions on information access and disclosure, including means for protecting personal privacy and proprietary information…” [44 U.S.C., Sec. 3542] A loss of confidentiality is the unauthorized disclosure of information.
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 14 143 results (showing 5 best matches)
- The potentially actionable misrepresentations included the following: “We protect your privacy by making sure your information stays confidential. We have a company confidentiality policy and we require all employees to sign it;” “Premera ‘protect[s] your personal information in a variety of ways,’ including ‘authoriz[ing] access to your personal information … only to the extent necessary to conduct our business of serving you;’” “Premera ‘train[s] our employees on our written confidentiality policy and procedures and employees are subject to discipline if they violate them;’” “’Premera ‘will protect the privacy of your information even if you no longer maintain coverage through us;’” “Premera is ‘committed to complying with federal and state privacy laws;’” “Premera uses ‘privacy principles to guide our actions,’ including that customers ‘should enjoy the full array of privacy protections;’” “Premera uses, ‘where appropriate,’ technical and physical security safeguards;” “Premera ‘...
- means the acquisition, access, use, or disclosure of protected health information in a manner not permitted under subpart E of this part which compromises the security or privacy of the protected health information.
- Security Standards for the Protection of Electronic Protected Health Information
- • Careless handling of HIV information jeopardizes patient’s privacy, costs entity $387k - May 23, 2017
- “Plaintiffs allege that this breach compromised the confidential information of approximately 11 million current and former members, affiliated members, and employees of Premera.” The confidential information included “names, dates of birth, Social Security Numbers, member identification numbers, mailing addresses, telephone numbers, email addresses, medical claims information, financial information, and other protected health information.” (collectively, “Sensitive Information”).” The court concluded that “Plaintiffs sufficiently allege a claim for fraud by omission and claims based on alleged misrepresentations in statements made in Premera’s Preferred Select policy booklet, Privacy Notice, and Code of Conduct.”
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 16 114 results (showing 5 best matches)
- California continues to lead the nation on protecting the consumer and has recently promulgated the California Consumer Privacy Act (CCPA). This law along with the European General Data Protection (GDPR) have changed the way companies do business. The CCPA is primarily a privacy law that gives individual customers rights to control how their data is collected, used, and disposed of. But the CCPA also gives a private right of action to hold companies accountable regarding reasonable cybersecurity measures. The California Privacy Rights Act, which was passed by the California voters on November 3, 2020, maintains the cybersecurity portion of the CCPA with some slight modifications and creates a new privacy agency. The California Privacy Rights Act 1798.100 provides, in relevant part: “A business that collects a consumer’s personal information shall implement reasonable security procedures and practices appropriate to the nature of the personal information to protect the personal
- As discussed in the preceding chapters, the United States does not have one overarching cybersecurity law but instead relies on a collection of privacy and cybersecurity laws that each cover a specific area. For example, the Health Insurance Portability and Accountability Act (HIPAA) focuses on an individual’s protected health information and the medical industry. In contrast, the Gramm–Leach–Bliley Act (GLBA), also known as the Financial Services Modernization Act of 1999, focuses on the financial industry. The states have been able to promulgate cybersecurity and privacy laws where the federal government has left a void. The states started with breach notification laws that require notification for their citizens whose personal information has been disclosed. States have also promulgated student data privacy laws. Next, after the European General Data Protection Regulation came the promulgation of privacy rights laws formed as consumer protection laws. And now there is a wave of...
- Many, if not most, of these laws appear to be focused on privacy. Legislatures have come to understand that privacy without cybersecurity is not achievable. Legislatures also understand that requiring a notification after a breach does little to prevent a breach. Basically, when a breach notification is required, valuable information has been compromised. Accordingly, most of the post breach notification laws address security requirements necessary to protect privacy.
- (1) data privacy protections, including criteria for determining whether a proposed use of personally identifiable information would benefit students and educational agencies, and processes to ensure that personally identifiable information is not included in public reports or other public documents;
- This code section requires providers to “[M]aintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of student personal information and makes use of appropriate administrative, technological, and physical safeguards.”
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 21 69 results (showing 5 best matches)
- Some of the cybersecurity related provisions in the APEC CBPR include section IV on the “Promotion of technical measures to protect privacy.” That section states that member states “should promote technical measures which help to protect privacy.” Moreover, that section provides examples to promote technical measures such as “encourag[ing] personal information controllers to make full use of readily available technical safeguards and measures [and] they may promote research and development, encourage further privacy innovation and support the development of technical standards that embed best privacy practice into systems engineering.” Part IV contains information for implementing the privacy rules. For example, section VII of Part IV is titled, “Providing for appropriate remedies in situations where privacy protections are violated.” ...includes a discussion concerning appropriate remedies and requires or encourages “personal information controllers to provide notice, as appropriate...
- Article 14.8 titled, “Personal Information Protection,” requires the “development of [a] legal framework for the protection of personal information” for “users of electronic commerce” “tak[ing] into account principles and guidelines of relevant international bodies.” Moreover, parties “shall endeavor to adopt non-discriminatory practices in protecting users of electronic commerce from personal information protections violations.” The Article also requires publication of “personal information protections” Finally, Article 14.8 provides that parties may comply “by adopting or maintaining measures such as a comprehensive privacy, personal information or personal data protection laws, sector-specific laws covering privacy, or laws that provide for the enforcement of voluntary undertakings by enterprises relating to privacy.”
- Article 19.8 further requires adopting “non-discriminatory practices in protecting users of digital trade from personal information protection violations occurring within its jurisdiction,” publishing “personal information protections,” and encouraging “development of mechanisms to promote compatibility between regimes.” Finally, Article 19.8 states that, “The Parties recognize that the APEC Cross Border Privacy Rules system is a valid mechanism to facilitate cross-border information transfers while protecting personal information.”
- The GDPR is fundamentally a privacy regulation centered on Data Subject Rights. The European Parliament passed it in 2016 and it went into effect in May 2018. If you lived in the United States at that time, you likely noticed a flurry of emails in your inbox from entities updating their privacy policies to comply with the GDPR. The GDPR applies to the offering of good or services to or the processing of information of European Union citizens or residents. Thus, GDPR compliance reaches across national borders and directly impacts over 25 nations with over 440 million citizens. Notably, the GDPR is a comprehensive privacy regulation that applies privacy by design and default centered around the individual. The GDPR is widely considered the most stringent privacy law in the world. The privacy focus is of the GDPR is demonstrated by the beginning of the first two recitals of the regulation:
- The USCMA, in Article 19.8: Personal Information Protection, provides some similar provisions concerning the corresponding article in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. However, there is additional detail. For example, Article 19.8(2) specifically references that adopted legal frameworks “should take into account principles and guidelines of relevant international 19-5 bodies, such as the APEC Privacy Framework and the OECD Recommendation of the Council concerning Guidelines governing the Protection of Privacy and Transborder Flows of Personal Data (2013).” Moreover, Article 19.8(3) specifically includes “key principles” to be considered in developing a legal framework protecting personal information:
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 11 67 results (showing 5 best matches)
- [The FTC] carries out this mission with a budget of just over $300 million and a total staff of about 1,100, of whom no more than 50 are tasked with privacy. In comparison, the U.K.’s Information Commissioner’s Office (ICO) has over 700 employees and a £38 million budget for a mission focused entirely on privacy and data protection.
- The FTC determined that “there was a significant risk of substantial injury” because “there was a high likelihood of harm because the sensitive personal information contained in the 1718 file was exposed to millions of online P2P users, many of whom could have easily found the file[,]” which was established by expert testimony. “information like names, addresses, and Social Security numbers cannot be readily changed” and “medical identity theft associated with data breaches can result in misdiagnosis or mistreatment of illness.” The FTC concluded that, “given that we have found that the very disclosure of sensitive health and medical information to unauthorized individuals is itself a privacy harm, LabMD’s sharing of the 1718 file on LimeWire for 11 months was also highly likely to cause substantial privacy harm to thousands of consumers, in addition to the harm actually caused by the known disclosure.”
- The Child Online Privacy Protection Act of 1998 is primarily a privacy law; however, it does include a cybersecurity provision:
- This Chapter primarily reviews the Federal Trade Commission (FTC) enforcement actions concerning cybersecurity and secondarily additional information provided by that agency. First, the Chapter provides an overview concerning the operation of the FTC along with a sample enforcement matter. Second, this Chapter reviews the foundational matter is analyzed. Finally, the Chapter concludes with a review of additional FTC material and short discussion of the Child Online Privacy and Protection Act.
- While COPPA does not include a private right of action, some plaintiffs have attempted to use it as a basis for another cause of action. Recently, COPPA was used this way in a case involving ByteDance, the owner of TikTok, involving the collection of information concerning children. The case was settled for $1.1 million. against the defendants based on similar allegations of COPPA violations, which resulted in the largest civil penalty ever obtained by the agency—$5.7 million—in a children’s privacy case.”
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 12 249 results (showing 5 best matches)
- In this matter, TaxSlayer customers’ information was stolen by criminals who utilized a list validation attack “(A list validation attack, also known as credential stuffing, is where hackers steal login credentials from one site and then – banking on the fact that some consumers use the same password on multiple sites – use them to access accounts on other popular sites.)” The information was utilized by criminals to file fake tax returns to obtain refunds. The FTC alleged “that TaxSlayer violated the Privacy Rule and Reg P by failing to give customers the privacy notices they were due [and] the Safeguards Rule by failing to have a written information security program, failing to conduct the necessary risk assessment, and failing to put safeguards in place to control those risks.”
- This section discusses the FTC’s jurisdiction under the GLBA. The GLBA specifically provides the FTC with jurisdiction to promulgate regulations and enforce the GLBA. In particular, section 501 of the GLBA is titled, “Protection of Nonpublic Personal Information,” and provides that, “It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information.” Section 501 also provides that the FTC, “shall establish appropriate standards for the financial institutions … relating to administrative, technical, and physical safeguards.” Those safeguards should be designed to (1) to insure the security and confidentiality of customer records and information; (2) to protect against any anticipated threats or hazards to the security or integrity of such records; and (3) to protect against unauthorized access to or use...
- This does not mean, as USAA argues, that PLS had no duty to safeguard personal information and is “invulnerable to these laws.” Doc. 103 at 1, 9. It only means that USAA cannot enforce violations of these rules, with enforcement left instead to state and federal regulators… . Because the GLBA, the Privacy Rule, and the Safeguards Rule do not allow for a private right of action, following
- Congress enacted Title V of the Gramm-Leach-Bliley Act (GLBA) in 1999 to ensure that financial institutions respect the privacy of their customers and protect the security and confidentiality of nonpublic personal information. In enacting the GLBA, Congress directed certain Federal financial regulators to adopt and implement rules to achieve Title V’s goals. These recommendations are consistent with guidelines and regulations issued by other Federal financial regulators. See CFTC Staff Advisory 14-21 under Related Links.
- Privacy and Data Security Update 2019
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 15 71 results (showing 5 best matches)
- “[m]ust ensure that all Federal Student Aid applicant information is protected from access by or disclosure to unauthorized personnel.”
- The document also provides recommendations concerning whether to move information into the cloud, such as “privacy, legal, and compliance issues.”
- . The webinar assures readers that, under the school official exception to FERPA’s general consent requirement, educational institutions could disclose personally identifying information to these apps, given certain criteria. . These included elements of the exception, such as the institutional service provided being one the educational agency would have otherwise used its own employees, that the third-party app met the criteria for being a school official with legitimate educational interest in the information, that they were under the direct control of the educational institution regarding the use and maintenance of the records, and that the use of the information was only for authorized reasons. . They also point out that, because FERPA is a privacy rule, it does not include explicit information for security standards and thus does not provide a whitelist of apps that are allowed Similarly, FERPA does not explicitly give standards for securing information from documents with...
- conducting privacy risk assessments to determine potential threats to the data; selecting authentication levels based on the risk to the data (the higher the risk, the more stringent the authentication); developing a process to securely manage any secret authenticating information, or “authenticators” (e.g., passwords), throughout their creation, use, and disposal; enforcing policies to reduce the possibility of authenticator misuse (e.g., encrypting stored passwords, locking out accounts with suspicious activity, etc.); and managing user identities through creation, provisioning, use, and disposal (with periodic account recertification to confirm that a user account has been properly authorized and is still required by the user.).
- • Formal and effective policies and procedures governing all the following: 1. Data governance and classification. 2. Access controls and identity management. 3. Business continuity and disaster recovery. 4. Configuration management. 5. Asset management. 6. Risk assessment. 7. Data disposal. 8. Incident response. 9. Systems operations. 10. Vulnerability and patch management. 11. System, application and network security and monitoring. 12. Systems and application development and performance. 13. Physical security and environmental controls. 14. Data privacy. 15. Vendor and third party service provider management. 16. Consistent use of multi-factor authentication. 17. Cybersecurity awareness training, which is given to all personnel annually. 18. Encryption to protect all sensitive information transmitted and at rest.
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 20 18 results (showing 5 best matches)
- At the core of Ring, and guiding every action we take, is respect for the privacy and security of our neighbors (what we call our customers). This includes giving our neighbors effective, easy-to-use and affordable products and services to help protect their homes. It also means taking extremely seriously the privacy, security and control of their devices and personal information. Below you will find Ring’s guiding principles.
- Protect individuals’ privacy.
- • Activity 6: Decide what to communicate to customers and how to communicate it. There are many potential considerations for what information a manufacturer communicates to customers for a particular IoT product and how that information will be communicated. Examples of topics are:
- Cybersecurity and privacy risks for IoT devices can be thought of in terms of three high-level risk mitigation goals:
- We know you have many options to choose from so protecting your privacy and data security is a job we take seriously. We know that you place a huge amount of trust in us and we have every intention of continuing to earn that trust.
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 13 45 results (showing 5 best matches)
- (2) adherence to the NIST 800-53 security standards, a set of security and privacy controls for federal information systems and organizations;
- FINAL RULE: PRIVACY OF CONSUMER FINANCIAL INFORMATION, S.E.C. (Nov. 18, 2003),
- Section 504 requires the Commission and other federal agencies to adopt rules implementing notice requirements and restrictions on a financial institution’s ability to disclose nonpublic personal information about consumers. Under the Gramm-Leach-Bliley Act, a financial institution must provide its customers with a notice of its privacy policies and practices, and must not disclose nonpublic personal information about a consumer to nonaffiliated third parties unless the institution provides certain information to the consumer and the consumer has not elected to opt out of the disclosure. The Act also requires the Commission to establish for financial institutions appropriate standards to protect customer information. The final rules implement these requirements of the Gramm-Leach-Bliley Act with respect to investment advisers registered with the Commission, brokers, dealers, and investment companies, which are the financial institutions subject to the Commission’s jurisdiction under...
- The SEC relies on two main regulations for cybersecurity. The regulations are 1) Regulation S-P: Privacy of Consumer Financial Information (Regulation S-P), 17 CFR PART 248; and 2) Regulation SCI (Systems; Compliance; Integrity) plus Form SCI, 17 CFR PARTS 240, 242, and 249. Regulation S-P is directed to the protection of consumer data. Regulation SCI essentially concerns the resiliency of trading systems.
- In addition, like other organizations, we are subject to the risk of unauthorized actions or disclosures by Commission personnel. For example, a 2014 internal review by the SEC’s Office of Inspector General ("OIG"), an independent office within the agency, found that certain SEC laptops that may have contained nonpublic information could not be located. The OIG also has found instances in which SEC personnel have transmitted nonpublic information through non-secure personal email accounts. We seek to mitigate this risk by requiring all personnel to complete privacy and security training and we have other relevant risk mitigation controls in place.
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 23 44 results (showing 5 best matches)
- SP 800-37 Revision 2: Risk Management Framework for Information Systems and Organizations, A System Life Cycle Approach for Security and Privacy, 345
- SP 800-53 Revision 5: Security and Privacy Controls for Information Systems and Organizations, 347
- SP 800-53A Revision 4: Assessing Security and Privacy Controls in Federal Information Systems and Organizations, Building Effective Assessment Plans, 348
- Privacy of Consumer Financial Information (Regulation S-P), 144
- SP 800-137: Information Security Continuous Monitoring (ISCM) for Federal Information Systems and Organizations, 363
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 17 39 results (showing 5 best matches)
- Notably, the district court decided that plaintiffs who did not confer any information to Equifax did not confer a benefit and, thus, there could not be unjust enrichment. Apparently, some plaintiffs did provide information to Equifax and, thus, conferred a benefit to Equifax. First, the district court noted that the plaintiffs failed to allege that they read, relied upon or were aware of the Privacy Policy on which they based their contract Second, the district court rejected the argument that the Equifax Product Agreement and Terms of Use which arguably incorporated by reference the Privacy Policy provided any relief because it contained a term excluding any damages for use or reliance on information in the website.
- found that a Privacy Notice was incorporated into health benefits contracts allowing the plaintiffs to proceed with their breach of express contract claims Finally, the district court found that plaintiffs who were Premera policy holders had an implied in fact contract based on “policy booklets, Code of Conduct, and Privacy Notice” to reasonably protect confidential information.
- the DC Circuit found that a group of plaintiffs had adequately alleged “a concrete, particularized, and imminent injury in fact” of a constitutionally protected privacy interest in personal information based on the government’s continued failure to protect their personal information. case based on allegations that their information was intentionally targeted and there was misuse of that information.
- Invasion of privacy
- The district court also held that a private cause of action for negligence per se could proceed based on an alleged violation of Section 5 of the FTC Act based on a failure to maintain reasonable and appropriate security measures. Courts do not always find that federal laws concerning privacy support a finding of negligence per se. For example, in , the district court held that violations of HIPPA cannot support a negligence per se claim under Florida law because HIPPA lacks an express private right of action. However, a court following that approach could use violation of a federal statute as evidence of breach of a standard to act reasonably in protecting confidential information. Additionally, the district court, in
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 19 80 results (showing 5 best matches)
- The government argues that even if Felton had standing to challenge the law enforcement activities regarding the searches, these activities do not constitute a search within the meaning of the Fourth Amendment. The government is correct; the IP address and tracking logs obtained from the USPS and Comcast were not owned, nor possessed by Felton. The third-party doctrine partly stems from the notion that an individual has a reduced expectation of privacy in information knowingly shared with another.
- This Court finds that first, the third-party doctrine is relevant in part because Felton’s use of the IP address is not so closely related to his “home” that the Court can say that there is a privacy interest as to his papers and personal effects. Second, the logs obtained from the USPS do not track Felton’s every movement of every day; they only identify the fact that Felton was tracking the packages. The Court further recognizes the very narrow ruling in and finds that it does not govern this case. Thus, the Court concludes that there was no reasonable expectation of privacy as to the information provided by Comcast (Felton’s IP address) and the content of the communication between Felton’s IP address and the USPS server.
- Reasonable Expectations in Electronic Communications: A Critical Perspective on the Electronic Communications Privacy Act
- First, the court stated that the definition of a trade secret under the DTSA includes: “all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes,’ so long as: (1) ‘the owner thereof has taken reasonable efforts to keep such information secret’; and (2) ‘the information derives independent economic value … from not being generally known to, and not being generally ascertainable through proper means by, another person who can obtain economic value from the disclosure of the information.” ...trade secret, the court pointed to New York law providing factors that are “guideposts:” (1) the extent to which the information is known outside of [the] business; (2) the extent to which it is known by employees and others involved in [the] business; (3) the extent of measures taken by [the business]...
- The defendant argued that the plaintiff failed to plead damage under the statute because a loss of information in itself is not damage. The district court decided that the collection and dissemination of confidential information constituted the impairment to the integrity of information, and thus, was “damage” even though that information was not “physically changed or erased.” , the district court determined that merely copying information did not constitute damage under the CFAA. decision and reasoned that copying did not impair the integrity of information as would impacting the “wholeness or soundness” of the information. The district court also rejected plaintiff’s claims that damage included the lessening of the value of the information by eroding its exclusivity and “accessing and downloading information” alone.
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 7 9 results (showing 5 best matches)
- (B.) Introduction to the Relationship Between Cybersecurity, Cybersecurity Law and Privacy Law and “Reasonable Security Measures”
- § 3.6 CHILD ONLINE PRIVACY AND PROTECTION ACT
- CHAPTER SEVEN. FAMILY EDUCATION RIGHTS AND PRIVACY ACT AND OTHER FEDERAL REGULATION CONCERNING CYBERSECURITY
- (A.) DOE Guidance from the Privacy Technical Assistance Center
- § 8.3 STATE STUDENT DATA PRIVACY LAWS
- Open Chapter
Michael S. Mireles’s Cybersecurity Law Part 10 9 results (showing 5 best matches)
- In an effort to inform the nation on ransomware, CISA and the Multi-State Information Sharing & Analysis Center (MS-ISAC) released the “Ransomware Guide” in September 2020 that “includes industry best practices and a response checklist that have also released helpful information.
- Awareness and communication are also helpful in combating ransomware. CISA recommends that organizations join and information sharing group such as one of the following:
- - Multi-State Information Sharing and Analysis Center (MS-ISAC)
- - Election Infrastructure Information Sharing and Analysis Center (EI-ISAC)
- - Information Sharing and Analysis Organization (ISAO) Standards Organization
- Open Chapter
- Publication Date: December 28th, 2021
- ISBN: 9781636590196
- Subject: Internet Law
- Series: Hornbooks
- Type: Hornbook Treatises
- Description: This book provides a relatively comprehensive examination of cybersecurity related laws that would be helpful for lawyers, law students, and Chief Information Security Officers (CISOs) and other cybersecurity and privacy professionals. The book outlines and details the U.S. federal sectoral approach to cybersecurity, such as covering the Gramm-Leach-Bliley Act and regulations, and the Health Insurance Portability and Accountability Act Security Rule, as well as an examination of state laws impacting cybersecurity, such as data breach notification, privacy and state education laws. International issues as well as specific topics such as ransomware and the Internet of things are addressed. Notably, the book provides a review of the role of the cybersecurity professional, risk assessment as well as the National Institute of Standards and Technology (NIST) risk assessment framework, and laws related to hacking.