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New Legislation Builds on California Data Breach Law
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REISEN1955
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REISEN1955,
User Rank: Ninja
2/22/2019 | 12:44:12 PM
RIGHT - Pass a law, that will fix it
Always a law, that does the trick - right?  No, would wager that data breech situations will be managed by corporate stupid protocol - deny, deny and open up only a bit, deny more and stall until somebody gets hammered in a press conference and the Lawyers start circling.THEN the situation becomes more critical once the suits begin and suddenly it can all be blamed on ONE GUY (as at Equifax) who did not patch and, OF COURSE, ONLY limited amounts of data were perhaps compromised --- subject to revision at a later date. 
RyanSepe
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RyanSepe,
User Rank: Ninja
2/22/2019 | 3:28:23 PM
Re: RIGHT - Pass a law, that will fix it
I would have to agree. Unfortunately legislation is not a hard fix. More of bureaucratic red tape really. Not really all that effective to invoking beneficial change.
Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 10:51:31 AM
Re: RIGHT - Pass a law, that will fix it
More of bureaucratic red tape really. Not really all that effective to invoking beneficial change. I agree. I also think they are still needed as we would not have guidance where to go without them.
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
2/26/2019 | 10:37:23 PM
Re: RIGHT - Pass a law, that will fix it
@Ryan: Moreover, as my home-state governor Charlie Baker put it when keynoting ThingWorx a few years back, big mega-corporations secretly love regulations (to some extent) because they're the only ones that can afford to keep up with them -- while scrappy upstarts are driven out of business.
RyanSepe
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RyanSepe,
User Rank: Ninja
2/27/2019 | 11:12:15 AM
Re: RIGHT - Pass a law, that will fix it
@Joe, definitely understandable. The upstarts are just starting to gain footing, if they are lucky enough. Not sure if there already is but for scenarios like an upstart would you think it wise to delay enforcement of those regulations as long as their is a valid corporate roadmap towards implementing them?

Or would you see it as, regardless of corporate titan or company upstart a company is a company and they all have to follow the same rules?
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
2/27/2019 | 2:08:53 PM
Re: RIGHT - Pass a law, that will fix it
This law was passed late last year. It does not go into effect until 2020 (absent an amendment delaying its effective date).

Companies have time -- big or small.

That said, someone earnestly trying their best is going to fare better than someone who just screwed up big time and doesn't seem to care.

 

(Disclaimer: This comment/post is provided for informational, educational and/or entertainment purposes only. Neither this nor other posts here constitute legal advice or the creation, implication or confirmation of an attorney-client relationship. For actual legal advice, personally consult with an attorney licensed to practice in your jurisdiction.)
RyanSepe
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RyanSepe,
User Rank: Ninja
2/28/2019 | 9:19:24 PM
Re: RIGHT - Pass a law, that will fix it
100% agree with your post. Also, enjoyed the disclaimer. :)
Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 10:49:59 AM
Re: RIGHT - Pass a law, that will fix it
Always a law, that does the trick - right? It makes sense. Law is one thing and implementation and enforcement of it something else. If we just have the low not much accomplished.
RyanSepe
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RyanSepe,
User Rank: Ninja
2/22/2019 | 3:32:42 PM
Systemic Change
Instead of new legislation around loss of data, I think it would be more beneficial to impose more stringent requirements to perform business with sensitive data. Mandatory: Segment your data, encrypt your data, rotate your keys, least privilege access to that data. 

By making these items mandatory before conducting business you are taking a proactive approach to deter breaches instead of a reactive. 

"Oh, we are sorry we lost your data but we did tell you quicker then we use to" More of a band-aid approach.
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
2/23/2019 | 11:11:16 PM
Re: Systemic Change
> Mandatory: Segment your data, encrypt your data, rotate your keys, least privilege access to that data.

I'm not sure I entirely agree -- especially when it comes to encryption, which is a hot-topic debate depending upon the context. It is, practically speaking, implausible if not impossible for enterprises to encrypt all of their data all of the time.

Moreover, as much as I like security, it can't be forgotten that security and accessibility are at constant odds with each other -- and that accessibllity remains a crucial and justified interest. A law that wholesale forbids any but the strictest security practices could undermine the Business Judgement Rule.

That said, we have to look at the type of data when it comes to policymaking and rule enforcement -- which even Europe does. Big difference between, say, an email address and personal-health information (PHI).



Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 10:58:40 AM
Re: Systemic Change
Moreover, as much as I like security, it can't be forgotten that security and accessibility are at constant odds with each other It actually makes sense when you consider CIA. Keeping the balance between confidentiality, integrity and availability what makes security.
Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 11:01:34 AM
Re: Systemic Change
A law that wholesale forbids any but the strictest security practices could undermine the Business Judgement Rule. That makes sense. That is why having the balance becomes more important. There business that may them secure and provide services, I say Google is one of them as long as you do not consider privacy a major issue.
RyanSepe
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RyanSepe,
User Rank: Ninja
2/27/2019 | 11:07:44 AM
Re: Systemic Change
Apologies, I should have specified. When I stated encrypt your data it should be scoped encryption. It is folly to try to encrypt all data. Specifcally you should encrypt sensitive data. But to ensure that you scope is accurate it needs to be segmented. 

I 100% concur that encrypting all data is implausible.
Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 10:52:57 AM
Re: Systemic Change
Mandatory: Segment your data, encrypt your data, rotate your keys, least privilege access to that data. That makes good sense. Encryptions should be given anymore in this day of an age.
Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 10:54:33 AM
Re: Systemic Change
"Oh, we are sorry we lost your data but we did tell you quicker then we use to" Yes, I hear you. That would be just not convincing and not helpful at all.
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
2/26/2019 | 10:35:16 PM
Re: Systemic Change
It remains to be seen, though, if federal data-breach notification laws will come into play -- and preempt preexisting state laws on that front.
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
2/23/2019 | 11:07:16 PM
Biometrics
I'd anticipate that biometric-data clause getting fought tooth and nail (hah, pun unintended but acknowledged) by Silicon Valley powers-that-be. It may well go through nonetheless though -- and should help cement the trend to protect biometric data legally in the US.
Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 10:56:38 AM
Re: Biometrics
I'd anticipate that biometric-data clause getting fought tooth and naiL Yes, it makes sense. As we are using it more and more (such as FaceID) there will be more regulations around it.
Dr.T
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Dr.T,
User Rank: Ninja
2/26/2019 | 10:48:09 AM
Unique identifier
California officials note how passport numbers are unique, government-issued, static identifiers, making them especially appealing to cybercriminals. Indeed, passport scans are hot on the Dark Web. This makes sense, it is a unique identifier, I also wonder can somebody find trace of travels from passport numbers.


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