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Category: Breach Laws

New Mexico needs a data breach notification law, but is this the right one?

Posted on February 10, 2015 by Dissent

Will New Mexico finally join the ranks of states that require data breach notification or will it remain one of only three holdouts? Dan Mayfield reports that Rep. Bill Rehm has introduced a bill to require businesses to notify consumers in the event of a breach. Rehm tried to pass a similar bill last year but got pushback from…

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Illinois AG Madigan: Federal data breach law should not weaken states’ consumer protections

Posted on February 5, 2015 by Dissent

 Following what has been termed “The Year of the Data Breach,” Attorney General Lisa Madigan today testified before the U.S. Senate, calling on Congress to enact a strong, meaningful federal data breach notification law that provides greater transparency for data breach victims and regulators to better understand what information was compromised in a breach, how…

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Courts Address the Level of Security Banks Must Provide to Business Accounts

Posted on January 29, 2015 by Dissent

Angel Diaz writes: Big or small, all bank accounts are susceptible to hijacking and fraudulent wire transfers. Banks ordinarily bear the risk of loss for unauthorized wire transfers. Two independent frameworks exist to govern these transfers: the Electronic Fund Transfer Act (“EFTA”) for consumer accounts, and Article 4A of the Uniform Commercial Code (“UCC”) for…

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Lawmakers re-introduce bipartisan data security bill

Posted on January 29, 2015 by Dissent

Cory Bennett reports that Reps. Joe Barton and Bobby Rush have re-introduced the Data Accountability and Trust Act (DATA) in the House – a bill this blog has been reporting on since 2009. The measure: would deputize the Federal Trade Commission (FTC) to set nationwide data security standards for companies handling sensitive data, such as full…

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Quinn Norton: We Should All Step Back from Security Journalism. I’ll Go First.

Posted on January 28, 2015 by Dissent

Last week, Quinn Norton wrote a disturbing and thoughtful essay. Those of us who conduct research or investigate and report on breaches generally share her concerns, if not her decision to withdraw from security journalism.  The Barrett Brown case, and the prosecution’s attempt to criminalize linking to publicly available data may lead others, too, to…

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President Obama’s Security Breach Notification Bill Needs Work

Posted on January 16, 2015 by Dissent

Elizabeth H. Johnson and Lynn C. Percival IV of Poyner Spruill have their own objections to the President’s proposal for a federal data breach notification law. You can read their analysis and comments here.

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