In light of the rulings in FTC v Wyndham and In Re TerraCom and YourTel, it is evident that government agencies are taking the position that they can pursue “common law” cyber security negligence claims rather than relying on standards set by regulation or statute. At least some of these standards seem to be created… Read More
The Department of Defense has issued an Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS). The specific focus is on new rules which require contractor reporting on network penetrations. Additionally, this Rule implements DoD policy on the purchase of cloud computing services. The Interim Rule is here. According to the Federal Registry: This interim… Read More
The National Institute for Standards and Technology issued a “draft” version of a Cybersecurity Practice Guide aimed at doctors, hospitals, and other health care providers. The 82-page Guide discusses how medical providers access patient data remotely and that “the use of mobile devices to store, access and transmit electronic health care records is outpacing the privacy… Read More
The Federal Reserve System issues periodic newsletters to highlight information that community banks may find helpful in order to comply with Federal Reserve policy. To that end, the Federal Reserve’s “Community Banking Connections” is supposed to be a “primary source for information on guidance, resources, and tools to help community banks across the United States.”… Read More
Various federal agencies have been busy this Winter-Spring 2015 issuing various guidelines regarding data breach and cyber security: DOJ Best Practices for Victim Response and Reporting of Cyber Incidents (April 2015) – drafted “with smaller, less well-resourced organizations in mind…” Office of National Coordinator for Health Information Technology (April 2015) – for medical professionals, a… Read More
In April 2015, the US National Archives explained at their NDCPrioritization: What Secrets Do People Want to See? conference how the release of the remaining JFK records will be accomplished. By way of background — that “background” being a cry primarily from FOIA fans and conspiracy types to free the records — the National Archives and… Read More
Florida Office of Financial Regulation recently released a consumer publication, Fast Facts, which claimed that medical marijuana and virtual currency (bitcoins) were “emerging threats” in terms of investments. The pamphlet does not state the factual or anecdotal basis for those statements. The Fast Facts pamphlet is here. See page 9.
A bit off topic of Internet law, the discovery by the Associated Press of an Al Qaida memorandum on how to avoid detection/death from American drones is a technology story worth discussing. The news coverage on this has been bleak. On the other hand, there has been plenty of coverage of the U.S. memo entitled the Lawfulness… Read More