By Jeff Kosseff
Increasing at the author’s adventure as a cybersecurity legal professional and legislations professor, Cybersecurity legislations is the definitive consultant to cybersecurity legislations, with an in-depth research of U.S. and overseas legislation that observe to info safety, facts breaches, delicate info safeguarding, legislation enforcement surveillance, cybercriminal strive against, privateness, and lots of different cybersecurity concerns. Written in an available demeanour, the ebook offers real-world examples and case reviews to aid readers comprehend the sensible functions of the offered fabric. The publication starts off by means of outlining the felony requisites for facts defense, which synthesizes the Federal alternate Commission’s cybersecurity situations in an effort to give you the historical past of the FTC’s perspectives on information defense. The e-book additionally examines information safeguard standards imposed by means of more and more country legislatures and personal litigation coming up from facts breaches. Anti-hacking legislation, equivalent to the federal computing device Fraud and Abuse Act, monetary Espionage Act, and the electronic Millennium Copyright Act, and the way businesses may be able to struggle cybercriminals whereas making sure compliance with the U.S. structure and statutes are mentioned completely. that includes an summary of the legislation that permit coordination among the private and non-private sectors in addition to the instruments that regulators have built to permit a restricted quantity of collaboration, this publication also:
• Addresses present U.S. and foreign legislation, rules, and courtroom critiques that outline the sector of cybersecurity together with the protection of delicate info, equivalent to monetary info and future health information
• Discusses the cybersecurity necessities of the most important U.S. buying and selling companions in Europe, Asia, and Latin the United States, and particularly addresses how those necessities are just like (and range from) these within the U.S.
• presents a compilation of a number of the most crucial cybersecurity statutes and regulations
• Emphasizes the compliance duties of businesses with in-depth research of an important U.S. and overseas legislation that follow to cybersecurity issues
• Examines executive surveillance legislation and privateness legislation that have an effect on cybersecurity in addition to all of the information breach notification legislation in forty seven states and the District of Columbia
• contains quite a few case reviews and examples all through to help in school room use and to assist readers higher comprehend the awarded material
• Supplemented with a significant other web site that includes in-class dialogue questions and well timed and up to date updates on fresh legislative advancements in addition to details on attention-grabbing instances on proper and important themes
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Additional info for Cybersecurity Law
Key Lesson Companies that handle particularly sensitive information should carefully oversee the employees who handle that information, and provide regular, comprehensive cybersecurity training. Although healthcare-related data also is subject to requirements under the Health Information Portability and Accountability Act (HIPAA), disclosure of particularly sensitive information also could give rise to a Section 5 complaint from the FTC. , Docket No. C-4400 (2013) CBR collects umbilical cord blood during the delivery of babies, and banks it for potential future medical use.
Key Lesson Even though the personal information belonged to customers of Accretive’s clients – and not to Accretive’s direct clients – the FTC nonetheless held Accretive fully responsible for the failure to safeguard the information. , Docket No. C-4482 (2014) GMR Transcription services transcribes audio recordings for a variety of clients, including doctors and medical institutions. GMR customers typically upload audio files via GMR’s website. GMR typists transcribe the audio into a Word document, and provide the transcript to the customer either via email or GMR’s computer network.
3 LabMD: What Constitutes “Unfair” or “Deceptive” Data Security? In the only other significant challenge to the FTC’s cybersecurity enforcement authority, LabMD, a medical testing laboratory, convinced an FTC administrative law judge to rule that the Commission’s lawyers had failed to demonstrate that the company’s alleged inadequate data security safeguards had caused or was likely to cause substantial injury to the company’s consumers. However, in July 2016, the full Federal Trade Commission reversed the judge’s ruling, in a significant victory for data security regulators.