Tag Archives: Cybersecurity

China’s New Draft National Standards on Personal Information Protection

In our previous post, we discussed seven draft cybersecurity and data protection national standards released by China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), on December 21, 2016. “Information Security Technology – Personal Information Security Specification” … Continue Reading

Reports Suggest New York DFS to Revise Proposed Cyber Regulations and Delay Implementation

Based on reports citing New York Department of Financial Services (“DFS”) sources (see here and here), DFS may propose a revised version of its first-in-the-nation cybersecurity regulations on December 28, 2016.  That revision would be followed by a new 30-day comment period, with the revised regulations scheduled to take effect on March 1, 2017. This … Continue Reading

Industry Reacts to New York’s Proposed Cybersecurity Regulation for Financial Services Institutions

On December 19, 2016, the New York State Assembly Standing Committee on Banks heard testimony about a proposed regulation introduced by the New York State Department of Financial Services that would require financial services companies to develop and implement cybersecurity programs to defend against cyber-attacks.  As we covered when Governor Andrew Cuomo announced this first-in-the-nation … Continue Reading

China Seeks Comment on Seven Draft Cybersecurity and Data Privacy National Standards

By Tim Stratford and Yan Luo China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released seven draft national standards related to cybersecurity and data privacy for public comment on December 21, 2016.  The public comment period … Continue Reading

Insurance Coverage Issues for Cyber-Physical Risks

The recent National Institute of Standards and Technology (NIST) publication of cybersecurity guidance for the Internet of Things (IoT) is a useful reminder that hacking incidents can result not only in privacy breaches, but also in bodily injury or property damage — via critical infrastructure, medical devices and hospital equipment, networked home appliances, or even … Continue Reading

Advisory Group Releases Report on Internet of Things

Following NIST’s release of cybersecurity guidance for the Internet of Things last week, the Broadband Internet Technical Advisory Group (BITAG) released a report today titled Internet of Things (IoT) Security and Privacy Recommendations (the Report).  BITAG is a non-profit organization that brings together engineers and technologists in a working group to develop consensus on technical … Continue Reading

NIST Releases Cybersecurity Guidance for Internet of Things

On November 15, 2016, the National Institute of Standards and Technology (NIST) released its final guidance providing engineering-based solutions to protect cyber-physical systems and systems-of-systems, including the Internet of Things (IoT), against a wide range of disruptions, threats, and other hazards.  NIST Special Publication 800-160 (the “Guidance”) is the result of four years of research … Continue Reading

NIST Releases Cybersecurity Guide for Small Businesses

The National Institute of Standards and Technology (NIST) released guidance today designed to help small businesses improve their cybersecurity preparedness.  The document, Small Business Information Security: The Fundamentals, is based on NIST’s 2014 Framework for Improving Critical Infrastructure Cybersecurity, a widely used cybersecurity framework (Cybersecurity Framework).  For additional background on the Cybersecurity Framework, please see … Continue Reading

NHTSA Releases Proposed Cybersecurity Guidance for the Automotive Industry and Solicits Public Comment

On October 24, 2016, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) announced the release of Cybersecurity Best Practices for Modern Vehicles, a non-binding, proposed guidance document designed to assist the automotive industry in improving motor vehicle cybersecurity and mitigating threats to safety. The guidance is intended to apply broadly to “all … Continue Reading

FTC Issues Guidance for Responding to Data Breaches

On Tuesday, the FTC issued new guidance for businesses on responding to data breaches, along with an accompanying blog post and video.  The data breach response guidance follows the issuance of the FTC’s “Start with Security” data security guidance last year and builds upon recent FTC education and outreach initiatives on data security and cybersecurity … Continue Reading

G-7 Publishes Fundamental Elements of Cybersecurity for the Financial Sector

On October 11, 2016, the finance ministers and central bank governors of the Group of 7 (G-7) countries announced the publication of the Fundamental Elements of Cybersecurity for the Financial Sector, a non-binding guidance document for financial sector entities.  The publication  describes eight fundamental “elements” of effective cybersecurity risk management to guide public and private … Continue Reading

New York State Proposes Cybersecurity Regulation for Financial Services Institutions

On September 13, 2016, New York Governor Andrew Cuomo announced a proposed regulation that would require financial service institutions to develop and implement cybersecurity programs to prevent and mitigate cyber-attacks.  The proposed regulation will be subject to a 45-day comment period once it is published in the New York State Register. The regulation will become … Continue Reading

FTC Maps Its Cybersecurity Requirements to NIST Cybersecurity Framework Core Functions

By Catlin Meade and Jenny Martin On August 31, 2016 the FTC posted a blog addressing whether compliance with the NIST Framework for Improving Critical Infrastructure Cybersecurity (“the Framework”) necessarily constitutes compliance with FTC cybersecurity practices. The FTC answers this question with a resounding “No” and specifically states:  “there’s really no such thing as ‘complying … Continue Reading

Auto Industry Releases Cybersecurity Best Practices

The Automotive Information Sharing and Analysis Center (“Auto-ISAC”) has released a set of cybersecurity best practices for the automotive industry.  The best practices are primarily geared toward automakers, but note that suppliers of motor vehicle components might also benefit from implementing them. The best practices include seven functions, each of which includes several recommendations: (1) … Continue Reading

Federal Government Releases Final Guidance on CISA

Yesterday, the Department of Homeland Security (“DHS”) and Department of Justice released final guidance as required by Title I of the Cybersecurity Act of 2015 (“CISA”), which was enacted into law this past December.  The guidance was prepared in consultation with several additional federal agencies, and includes four separate documents.  We summarize each of the … Continue Reading

Cyber Insurer Seeks to Void Data Breach Coverage Because of Purported Misstatements in Policy Application

Cyber insurers commonly require insureds to complete detailed applications, often including extensive technical disclosure and risk self-assessments. The complaint recently filed by the insurer in Columbia Casualty Co. v. Cottage Health System illustrates the pitfalls in these requirements. Cottage Health, an operator of a hospital network, suffered a data breach in 2013 resulting in thousands … Continue Reading

P.F. Chang’s Ruling Highlights Potential Pitfalls of Cyber Insurance

Data breaches suffered by retailers and other businesses that handle payment cards can result in substantial assessments by card brands such as MasterCard and Visa. Retailers typically do not process payment card transactions directly with the banks that issue their customers’ cards. Instead, they contract with an intermediary—called an acquiring or servicing bank—to process their … Continue Reading

Morgan Stanley to Pay $1 Million Penalty in SEC Cybersecurity Settlement

By Ciarra Chavarria On June 8, 2016, the Securities and Exchange Commission announced that Morgan Stanley Smith Barney LLC (“Morgan Stanley”) had agreed to pay $1 million as a penalty for charges relating to its “failures to protect customer information.” Morgan Stanley’s settlement with the SEC came several months after a federal court found one … Continue Reading

EU Cyber Security Directive To Enter Into Force In August

The EU Network and Information Security (NIS) Directive now looks likely to enter into force in August of this year.  Member States will then have 21 months to implement it into national law before the new security and incident notification obligations will start to apply to the following entities: designated* “operators of essential services” within … Continue Reading

Verizon Releases 2016 Data Breach Investigations Report

Verizon recently released its 2016 Data Breach Investigations Report (“DBIR”) that outlines cybersecurity threats, vulnerabilities, and trends from 2015.  Verizon, with the assistance of more than 60 contributors, analyzed over 64,000 information security incidents (security events that affect the integrity of an information system) and 2,200 data breaches (incidents that result in the “confirmed disclosure … Continue Reading

Seventh Circuit, Relying on Defendant’s Post-Breach Statements, Allows Data Breach Class Action to Proceed

Last week, the Seventh Circuit handed down another friendly ruling for data breach class action plaintiffs, reversing a district court’s dismissal of a class action complaint over a 2014 data breach at P.F. Chang’s restaurants.  In reversing the district court’s holding that the plaintiffs had not demonstrated Article III standing, the Seventh Circuit ruled that … Continue Reading

Tennessee Amends Breach Notification Law to Cover Breaches of Encrypted Information

Last week, Tennessee Governor Bill Haslam (R) signed S.B. 2005 into law, amending Tennessee’s breach notification law to broaden the scope of information covered and require quicker notifications of the state’s residents.  Most notably, when the amendments enter into force on July 1, 2016, Tennessee will become the only U.S. state that could require notification … Continue Reading
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