Dark Reading is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Attacks/Breaches

12/16/2015
10:30 AM
James Bindseil
James Bindseil
Commentary
Connect Directly
Twitter
LinkedIn
RSS
E-Mail vvv
50%
50%

An Ill Wynd Blowing But No Safe Harbor

What will state-of-the-art for cybersecurity look like in 2016? The regulatory headwinds on both sides of the Atlantic portend big changes.

One of the biggest regulatory issues facing U.S. businesses in 2016 is the impact of the European Court of Justice’s invalidation of Safe Harbor—the legal provision under which the cross-border transfer of personal data from the EU to the U.S. was deemed compliant with European privacy law.

The loss of Safe Harbor is a major headache for companies that do business overseas requiring the movement of data to and from the U.S. and Europe. It’s worth noting that such transfers can still take place while a new framework is being negotiated (assuming one is); however, individual companies must make provisions through a Model Contract clause or Binding Corporate Rules with each country’s data protection authority, or figure out workarounds that keep data from crossing international borders. 

While the loss of Safe Harbor raised a number of questions regarding the best approach for businesses in the interim, this new change will mean more work for international privacy and compliance lawyers.

At the same time that all eyes are on Safe Harbor, there is another significant regulatory concern that U.S. companies may be overlooking, and one with more ominous implications—fallout from the Federal Trade Commission’s win in its case against Wyndham Worldwide Corporation, the hotel and resort management company.

By ruling in favor of the FTC, which sued Wyndham under its regulatory authority for conducting unfair and deceptive business practices, the courts set a precedent that gives greater enforcement power to the FTC in cases where consumers’ personally identifiable information (PII) is compromised. The FTC’s action came after a series of data breaches that the commission argued affected Wyndham as a result of the company’s failure to provide proper protection and management of sensitive customer data. 

The court’s decision gives the FTC greater authority to punish companies that it finds are negligent in their responsibility to properly secure data. That means, despite what does or does not happen with pending data privacy or cybersecurity legislation at the state or federal level, we are likely to start seeing more action from the FTC against companies that the commission believes have not made sufficient investments in systems, policies, and processes for securing data. 

Most observers believe that the Wyndham decision will result in an emboldened FTC taking a more activist posture with regard to cybersecurity. If that’s the case—and it would be surprising if it didn’t happen—enterprises would be wise to try to get ahead of the curve where it comes to state-of-the-art data protection, including technology investments and governance policies. 

What does state-of-the-art for cybersecurity look like? What we know is that it looks different today than it did yesterday, and it will look different tomorrow. State-of-the-art means an ever-evolving program that is founded on the principles of the PPT model: People, Process and Technologies. PPT involves constant review and update of best practices weighed against changes to regulatory compliance. A good example of this model would be the programs established under the requirements of Massachusetts’ data protection law 201 CMR 17, which went beyond the California model of notification after a data breach to establishes a baseline for protecting that data in order to mitigate the chance of a data breach in the first place.

Thomas Jefferson said, “Eternal vigilance is the price of liberty.” Thanks to the decision in FTC vs. Wyndham, eternal vigilance is now the price of cybersecurity.

James Bindseil is President and Chief Executive Officer of Globalscape, a leading developer of secure information exchange solutions. He has more than 20 years of experience in the technology industry, including senior leadership roles at Fujitsu, Symantec, and Axent ... View Full Bio
 

Recommended Reading:

Comment  | 
Print  | 
More Insights
Comments
Threaded  |  Newest First  |  Oldest First
Commentary
Ransomware Is Not the Problem
Adam Shostack, Consultant, Entrepreneur, Technologist, Game Designer,  6/9/2021
Edge-DRsplash-11-edge-ask-the-experts
How Can I Test the Security of My Home-Office Employees' Routers?
John Bock, Senior Research Scientist,  6/7/2021
News
New Ransomware Group Claiming Connection to REvil Gang Surfaces
Jai Vijayan, Contributing Writer,  6/10/2021
Register for Dark Reading Newsletters
White Papers
Video
Cartoon Contest
Write a Caption, Win an Amazon Gift Card! Click Here
Latest Comment: Zero Trust doesn't have to break your budget!
Current Issue
The State of Cybersecurity Incident Response
In this report learn how enterprises are building their incident response teams and processes, how they research potential compromises, how they respond to new breaches, and what tools and processes they use to remediate problems and improve their cyber defenses for the future.
Flash Poll
How Enterprises are Developing Secure Applications
How Enterprises are Developing Secure Applications
Recent breaches of third-party apps are driving many organizations to think harder about the security of their off-the-shelf software as they continue to move left in secure software development practices.
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2021-34812
PUBLISHED: 2021-06-18
Use of hard-coded credentials vulnerability in php component in Synology Calendar before 2.4.0-0761 allows remote attackers to obtain sensitive information via unspecified vectors.
CVE-2021-34808
PUBLISHED: 2021-06-18
Server-Side Request Forgery (SSRF) vulnerability in cgi component in Synology Media Server before 1.8.3-2881 allows remote attackers to access intranet resources via unspecified vectors.
CVE-2021-34809
PUBLISHED: 2021-06-18
Improper neutralization of special elements used in a command ('Command Injection') vulnerability in task management component in Synology Download Station before 3.8.16-3566 allows remote authenticated users to execute arbitrary code via unspecified vectors.
CVE-2021-34810
PUBLISHED: 2021-06-18
Improper privilege management vulnerability in cgi component in Synology Download Station before 3.8.16-3566 allows remote authenticated users to execute arbitrary code via unspecified vectors.
CVE-2021-34811
PUBLISHED: 2021-06-18
Server-Side Request Forgery (SSRF) vulnerability in task management component in Synology Download Station before 3.8.16-3566 allows remote authenticated users to access intranet resources via unspecified vectors.