Cyber Law Blog
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Exploring business law in cyberspace. Alice M. Porch, P.A. provides legal counseling for general business law and cyber security compliance.
Cyber Law Blog
7M ago
Florida passed a data privacy law that becomes effective on July 1, 2024. The Florida Digital Bill of Rights (“FDBR”) affects “controllers” of personal data that have more than $1 billion in global revenues, so the law applies only to a small percentage of companies in Florida.
The FDBR “data privacy and security law” is codified under sections 501.701–501.722 of the Florida Statutes. The law targets Big Tech companies and strengthens children’s protections.
Controller Defined
The FDBR uses terms like “controller” and “processor” that resemble the terms in the European Union’s GDPR law. Howev ..read more
Cyber Law Blog
1y ago
If you received a notification of a data breach, you need to know your options. This guide explains how to assess your legal remedies when you receive a notice about a breach of your personal information.
Understand the Incident
The notification letter should explain when the unauthorized access occurred and what type of information was accessed. Also, the letter should inform you about any misuse of your information. However, there is no way to be sure how the breach will personally affect you.
Activate Identity Monitoring
After a data breach, many companies offer complimentary identity monit ..read more
Cyber Law Blog
1y ago
If you received a notification of a data breach, you need to know your options. This guide explains how to assess your legal remedies when you receive a notice about a breach of your personal information.
Understand the Incident
The notification letter should explain when the unauthorized access occurred and what type of information was accessed. Also, the letter should inform you about any misuse of your information. However, there is no way to be sure how the breach will personally affect you.
Activate Identity Monitoring
After a data breach, many companies offer complimentary identity monit ..read more
Cyber Law Blog
1y ago
Congress revealed a bipartisan federal privacy bill, called the American Data Privacy and Protection Act. However, the U.S. Chamber of Commerce has major issues with the draft of the bill. Although the Chamber has rejected the draft, the feedback from the organization shows a willingness to negotiate the terms of a federal privacy law.
The Chamber declared in a letter that the draft of the federal privacy bill “is unworkable and should be rejected.” The Chamber wants a “true national standard” and is concerned with the bill’s preemption of state laws. Also, the Chamber does not want the bill t ..read more
Cyber Law Blog
2y ago
The future of privacy rights in the United States of America is uncertain. Many states have passed a patchwork of privacy laws, but there is no federal law that protects the privacy rights of U.S. residents.
In 2022, instead of strengthening privacy rights on the federal level, the focus has been on weakening privacy rights. If the right to privacy is no longer recognized as a constitutional right, there will be numerous unintended consequences.
As a user, you must take steps to protect your privacy. First, you should be aware of how third parties access your data. Additionally, you should be ..read more
Cyber Law Blog
3y ago
The U.S. Treasury Department warned that making ransomware payments could violate federal sanctions programs and anti-money laundering regulations. The warnings appeared in two advisories issued by the Office of Foreign Assets Control (OFAC) and the Financial Crimes Enforcement Network (FinCEN).
The OFAC advisory focuses on the “sanctions risks associated with ransomware payments related to malicious cyber-enabled activities.” OFAC warns that companies facilitating ransomware payments to cybercriminals encourage future ransomware payments. Importantly, a payment that a business or individual m ..read more
Cyber Law Blog
4y ago
Lawmakers attempted to pass a Florida data privacy law in early 2020. Recently, many countries around the world enacted privacy laws to protect the data of consumers. So far, there are only a handful of states in the U.S. to enact a law to protect the personal information of their residents.
In late 2019, the Florida House of Representatives introduced HB 963 with the title “Consumer Data Privacy” to protect the personal information of Florida residents. In early 2020, the Florida Senate introduced a duplicate bill under SB 1670.
Florida’s attempt to pass a data privacy law failed. The Florida ..read more
Cyber Law Blog
4y ago
Data brokers are everywhere on the Internet. They collect information about individuals from a variety of sources and then aggregate the data for others to access or purchase. The information originates from an individual’s activity that leaves a trail behind, such as purchasing merchandise, liking a social media post, buying a house, and registering to vote.
There are three main categories of data brokers: people search, consumer profile, and identity verification. A “people search” is a summary of personal information that a data broker aggregates from all over the Internet and displays on a ..read more
Cyber Law Blog
4y ago
Data Security Solutions for Fintech Startups
By: Ena Kadribasic
This article is originally posted at Very Good Security.
The fintech sector has brought consumers an endless stream of modern offerings that have enabled them to ditch several outdated banking and lending products.
Companies now have advanced B2B payment solutions at their fingertips, and online financial solutions have never been more convenient – largely thanks to the progress made by fintech startups.
But, despite being on the cutting edge of digital financial products, young fintech companies are at a disadvantage in a wildly ..read more
Cyber Law Blog
4y ago
In 2017, U.S. House Representative Tom Graves introduced H.R. 4036, known as the Active Cyber Defense Certainty Act (ACDC Act). The ACDC Act, or hack back law, amends the Computer Fraud and Abuse Act of 1986 (18 U.S.C. § 1030). The passage of this bipartisan bill into law would allow active cyber defenses for protecting computer networks from hackers. However, H.R. 4036 died in committee in the same year that it was introduced.
This year, Rep. Graves reintroduced the ACDC Act under H.R. 3270. On his website, Rep. Graves stated, “Technology has outpaced public policy, and our laws need to catch ..read more