Status: Failed—Adjourned Provides that each community water system shall create a plan that establishes policies and procedures for identifying and mitigating cyber risk. First, it allows companies to monitor network traffic, including taking defensive measure on their own systems. If so, are there any legal limits placed on what the insurance policy can cover? GA HR 1093 At the request of law enforcement agencies, however, some notifications may be delayed. Red Flag Rules published by regulators require covered firms to adopt written programs to detect, prevent and mitigate identity theft. “Title 18, United States Code, Section 2261A is the federal stalking statute. Plaintiffs may also allege securities fraud. Status: Pending RI S 2030 The specification of which statute is applicable depends on several factors. (Short Form Bill) Relates to cybersecurity. MN S 3629 Tel: 303-364-7700 | Fax: 303-364-7800, 444 North Capitol Street, N.W., Suite 515 Cybersecurity remains a focus in state legislatures, as many propose measures to address cyberthreats directed at governments and private businesses. Status: Failed Relates to public safety, modifies certain provisions relating to sexual assault examination kits, background checks, and the Board of Public Defense, appropriates money for the Supreme Court, corrections, sentencing guidelines, and public safety, transfers funds to a disaster contingency account. Relates to imposition, rate, and computation and exemptions regarding income taxes, provide for income tax credits for higher education for the Fort Gordon Cyber Security and Information Technology Innovation Corridor and the Savannah Logistics Technology Innovation Corridor, provides for definitions, provides for applicability and eligibility, provides for limitations, provides for related matters, repeals conflicting laws. Status: Enacted Massachusetts information security regulations, likewise, require organisations that collect certain Personal Information from Massachusetts residents to implement a comprehensive information security program that, among other things, identifies and assesses reasonably foreseeable internal and external risks to the security, confidentiality and integrity of such information. In the United States, cybercrime is one of the fastest growing types of criminal offense, and incidents of ransomware are no exception. As noted, the public announcement of an Incident will frequently result in class actions and other lawsuits being filed against the impacted organisation. GA H 1049 Requires the state administrator of elections to exercise disciplinary authority over the local election directors for noncompliance with state rules, regulations and policies, requires a local board of elections to notify the state administrator in writing after becoming aware of a certain security violation or a certain significant attempted security violation involving an election system. Status: Failed--adjourned 1030, covers nine different offenses whose maximum statutory penalties range from one year to life imprisonment. Establishes the State Computer Science and Cybersecurity Task Force. Status: Pending Relates to the insurance data security law. breach of confidence by a current or former employee, or criminal copyright infringement). Under the Foreign Intelligence Surveillance Act (“FISA”), the government can obtain information, facilities or technical assistance from a broad range of entities. Orders the House Committees on Finance and Public Security to investigate the information systems of the Department of the Treasury, its maintenance and the reasons for a cyber virus that caused on Jan. 6, 2017, the Department of the Treasury to raise about $20 million, determines if the information from taxpayers and the government hosted on the servers of the Department of the Treasury was affected as a result of this cyber virus. Cybercrime, or computer-oriented crime, is a crime that involves a computer and a network. The FTC had alleged that Uber failed to live up to statements that access to rider and driver accounts were closely monitored, which, the FTC alleged, was not the case, rendering the statements false or misleading. Amends the Administrative Code, reenacts provisions relating to criminal history background checks of employees and contractors with access to federal tax information, provides for the coronavirus emergency mitigation plan for businesses. Prohibits a person from knowingly possessing certain ransomware with the intent to use that ransomware for introduction into the computer, computer network, or computer system of another person without the authorization of the other person. No general U.S. laws expressly require organisations to implement backdoors in their IT systems or provide law enforcement authorities with encryption keys. The Federal Trade Commission (“FTC”) has been particularly active in this space and has interpreted its enforcement authority under § 5(a) of the FTC Act, applying to unfair and deceptive practices, as a means to require companies to implement security measures. where the offence involves “ethical hacking”, with no intent to cause damage or make a financial gain)? NY S 7584 Status: Pending As crime increasingly has a digital component, legislators in the United States have responded by strengthening and broadening legislation to address the threats; the Computer Fraud and Abuse act is a prime example. role of information and communication. MD S 120 MD S 47 IN S 334 MN S 1264 Increasing penalties for computer crime or addressing specific crimes, e.g., ransomware. Pam Greenberg. Relates to civil action, relates to sale of personal data, requires a person that disseminates, obtains, maintains, or collects personal data about a consumer for a fee to implement security practices to protect the confidentiality of a consumer's personal data, obtain express consent of a parent of a minor before selling the personal data of such minor, provide access to consumers to their own personal data that is held by the entity, and refrain from maintaining or selling data. Penalties for violations can include imprisonment for up to five years. Status: Failed--adjourned Status: Enacted NC H 1043 Requires the commissions to make recommendations for potential statutory or administrative changes to protect against cybersecurity threats to the 9-1-1- system Yes. Amends the Insurance Law, authorizes continuing care retirement communities to adopt a written cybersecurity policy, requires such policies to be self-certified and approved by the superintendent. Read the top 10 cybercrime prevention tips to protect you online. For example, Massachusetts’ cybersecurity regulations and the New York SHIELD Act contain detailed information security requirements at the state level, and the New York Department of Financial Services (which regulates entities such as banks and insurance companies) has further additional requirements. For example, Massachusetts requires that organisations reporting a breach to state regulators must include information about (i) the nature of the breach of security or unauthorised acquisition or use, (ii) the number of residents of Massachusetts affected by the Incident, (iii) any steps taken to address the Incident, (iv) the name of the organisation reporting and experiencing the breach, (v) the person responsible, if known, (vi) the type of personal information potentially compromised, (vii) whether the organisation maintained a written information security program, as required by Massachusetts regulations, and (viii) whether the organisation is updating that program in response to the Incident. PR H 92 Amends the Emergency Management Agency Act, provides that a disaster includes a cyberattack, directs the governor, to the greatest extent practicable, to delegate or assign command authority to the director of the Emergency Management Agency by orders issued at the time of a disaster. Most businesses must comply with sector-specific federal and states laws. covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers – in 26 jurisdictions. NY S 2475 Relates to creating an Information Technology Development Initiative. Status: Pending Status: Failed--adjourned Requires that the Commissioner of Emergency Services and Public Protection analyze municipal cybersecurity needs throughout the state and determine the feasibility of the Department of Emergency Services and Public Protection providing individualized assistance to municipalities most at risk of suffering cybersecurity attacks. § 1831–1839, which creates two crimes based on the theft of trade secrets; the first makes it a crime to acquire, without authorisation, trade secrets in order to benefit a foreign government, and the second if the theft will create economic benefit for others and will injure the target of the theft. NY A 7913 Status: Pending Facilitates the sharing of information and reporting of cyberattacks, requires governmental agencies and utilities to report any cyberattacks to the director of emergency management and homeland security, provides for the director to promulgate certain rules and regulations, provides for proceedings related to cybersecurity to be held in executive session, provides for certain information, data, and reports related to cybersecurity and cyberattacks to be exempt from public disclosure and inspection. CT H 5511 Provides executive recommendation for omnibus bill. Urges the Governor to use the most current federal guidelines on identifying essential critical infrastructure workers. Even if a past Incident is not material, companies should consider them in evaluating their disclosures regarding cybersecurity. IN S 240 Please include details of any common deviations from the strict legal requirements under Applicable Laws. Relates to study school cybersecurity issues. Relates to courts, increases certain court-related fees, establishes a cybersecurity fee. NY S 4744 MI H 5426 ​​​​​​ Fraud and related activity in connection with computers. MI H 4348 IL H 5204 Relates to state government, establishes a Legislative Commission on Cybersecurity, provides legislative appointments. Status: Vetoed VA H 322 CA S 239 Even where an injury alleged is sufficient for standing, it may not be sufficient to state a claim for damages. Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer, provides for civil relief in cases of pornography on the internet, and penal sanctions in such cases. Government authorities alleged that Equifax failed to have in place reasonable security for the information it collected and stored. Requires manufacturers of connected devices to equip such devices with reasonable security features. You consent to the use of cookies if you use this website. Malicious actors continue to develop advanced attacks aimed at breaching systems and stealing data or holding information ransom, which can impact an organization’s financial bottom line and damage its brand or reputation. Status: Failed--adjourned Status: Pending Share sensitive … Be it … Status: Failed--adjourned Tort theories may involve negligence or other common law theories such as invasion of privacy, bailment, misrepresentations with respect to cybersecurity or unjust enrichment. Relates to minimal cybersecurity standards for municipalities. United States Code (18 U.S.C.) The complex nature of the crime as one that takes place in the border-less realm of cyberspace is compounded by the increasing involvement of organized crime groups. 1.1        Would any of the following activities constitute a criminal or administrative offence in your jurisdiction? 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