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Category: Legislation

Bill advances to help prevent state data breaches

Posted on January 31, 2013 by Dissent

Sometimes the personal connection to a breach does get legislators off the dime. Lee Davidson reports: The wife of Sen. Stuart Reid, R-Ogden, was among  780,000 victims of a Utah health data security breach last March. On Wednesday, Reid passed through the Senate a bill designed to help prevent such breaches in the future. SB20,…

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Cheng v. Romo and Applying Unauthorized Access Statutes to Use of Shared Passwords

Posted on December 10, 2012 by Dissent

Orin Kerr writes: The federal computer crime statutes punish unauthorized access to a computer. As regular readers know, courts are hopelessly divided on what this language means, and in particular what makes an access to a computer authorized versus unauthorized. In Cheng v. Romo, 2012 WL 6021369 (D. Mass. Nov. 28 2012), Judge Casper authored an…

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Recent Developments — Both in the Courts and in Congress — on the Scope of the Computer Fraud and Abuse Act

Posted on July 31, 2012 by Dissent

Orin Kerr writes: I’ve blogged a lot on the scope of the Computer Fraud and Abuse Act, and specifically on whether using a computer in violation of a computer use policy or Terms of Service is a federal crime. I’ve been banging the drum urging courts to adopt a narrow interpretations of the Act for a decade,…

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Latest Data Breach Notification Bill Won’t Go Far

Posted on July 24, 2012 by Dissent

Eduard Goodman of Identity Theft 911 dissects the data breach notification bill introduced last month by Rep. Toomey and finds it seriously wanting: The latest bill to address the problem of data breaches is just one of an increasingly long line of proposed federal breach notice regulations with little to no chance of becoming law…

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EU wants breach notification for certificate authorities

Posted on July 6, 2012 by Dissent

Stewart Mitchell reports: European authorities plan to clamp down on certificate authorities, demanding security signing organisations speak up if hit by hackers. Certificate authorities – either private or government backed – issue digital certificates that verify web pages and code, and are a key component of the web running smoothly and securely. But as last…

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Cybercrime disclosures rare despite new SEC rule

Posted on July 2, 2012 by Dissent

Embedded in revisions to a proposed cybersecurity law are some provisions on mandatory breach notification.  Richard Lardner reports: The chairman of the Senate Commerce, Science and Transportation Committee, Sen. Jay Rockefeller, D-W.Va., is adding a provision to cybersecurity legislation that would strengthen the reporting requirement. The SEC’s cybersecurity guidance issued in October is not mandatory. It was…

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