17 Status: Failed Establishes a cybercrime investigation, requires the Department of Public Safety to investigate crimes with a nexus to the internet or computer technology including crimes involving child exploitation and cyber intrusion. Many states also require that notice be sent to Attorney Generals or other state agencies, often depending on the number of individuals impacted. Status: Pending NJ S 2155 Status: Failed--adjourned Establishes penalties. Concerns the removal of payment credentials and other sensitive data from state data networks. Relates to critical utility infrastructure security and responsibility, relates to the protection of critical infrastructure in the state, provides that an electric or gas corporation or municipality shall not share, disclose or otherwise provide access to a customer's electrical or gas consumption data. Massachusetts regulations impose specific security requirements on companies that own or licence personal information, including the implementation of a written security program and encryption of data in transit across public networks and on all portable devices. Amends the Freedom of Information Act, modifies the exemptions from inspection and copying concerning cybersecurity vulnerabilities, amends the Department of Innovation and Technology Act, authorizes the Department of Innovation and Technology to accept grants and donations, creates the Technology, Education and Cybersecurity Fund as a special fund in the state treasury to be used by the Department of Innovation and Technology to promote and effectuate information technology activities. Private companies do not have the same public disclosure obligations but may need to inform potential investors or purchasers regarding past Incidents or cybersecurity risks. Status: Adopted Section 1030. Status: Enacted MN H 162 MS H 1165 Adopts the National Association of Insurance Commissioners Cybersecurity Act which establishes the current standard for insurers doing business in this state. Authorizes and directs the Mississippi Department of Education to implement a mandatory K-12 computer science curriculum based on the Mississippi College and Career Readiness Standards for Computer Science which includes instruction in, but not limited to, computational thinking, cyber-related, programming, cybersecurity, data science, robotics, and other computer science and cyber-related content, prescribes minimum components of the curriculum at each grade level. Amends the Freedom of Information Act, modifies the exemptions from inspection and copying concerning cybersecurity vulnerabilities, amends the Department of Innovation and Technology Act, authorizes the Department of Innovation and Technology to accept grants and donations, creates the Technology, Education and Cybersecurity Fund as a special fund in the state treasury to be used by the Department of Innovation and Technology to promote and effectuate information technology activities. Creating task forces, councils or commissions to study or advise on cybersecurity issues. Status: Pending LA H 633 Additionally, some sector-specific laws provide notification requirements. MN S 2845 270, 272, 4 L.Ed.2d 252 (1960) and United States v. Inigo, 925 F.2d 641, 648 (3d Cir.1991)). Status: Failed--adjourned MI H 4348 VT H 157 As noted, the public announcement of an Incident will frequently result in class actions and other lawsuits being filed against the impacted organisation. Status: Failed--adjourned Relates to the Georgia Bureau of Investigation, so as to provide for the establishment of a Cybersecurity Task Force, provides for its membership, powers and duties, reports and recommendations and dissolution, provides for definitions, provides for related matters, repeals conflicting laws. IL S 240 Relates to state government, requirements for state information technology security. MD S 1049 Concerns maximum salaries for skill center certificated instructional staff training students to work in skill center identified high-demand fields, including as veterinary technicians, nursing or medical assistants, or cybersecurity specialists. PA S 487 Cybersecurity > FL H 4007 Penal Law § 156.05, 156.20 et seq., with penalties of varying ranges up to 15 years’ imprisonment, depending on the severity of the offence. IA S 2080 Information about cyber threats generally need not be reported, although the federal government encourages participation in Information Sharing and Analysis Centers (“ISAC”s) or Information Sharing and Analysis Organizations (“ISAO”s) where threat intelligence is shared within sector-specific groups of companies. Provides for an affirmative defense to certain claims relating to personal information security breach protection. Status: Pending PA S 613 In addition to establishing the elements of their claims, plaintiffs filing in federal court are required to show that they suffered injury-in-fact sufficient to establish standing. NJ S 1233 CHAPTER 47-FRAUD AND FALSE STATEMENTS. Relates to state government, establishes a Legislative Commission on Cybersecurity, provides legislative appointments. Washington, D.C. 20001 Status: Failed--adjourned 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: Failed--adjourned Status: Enacted Hundreds of actions have been filed over the years; some recent prominent examples include the following: 6.3        Is there any potential liability in tort (or equivalent legal theory) in relation to failure to prevent an Incident (e.g. 3.2        Are organisations permitted to monitor or intercept electronic communications on their networks (e.g. In 1984, the U.S. passed the Computer Fraud and Abuse Act (CFAA) and many amendments have been made to this law and were codified in United States … If so, please provide details of: (a) the circumstance in which this reporting obligation is triggered; (b) the regulatory or other authority to which the information is required to be reported; (c) the nature and scope of information that is required to be reported; and (d) whether any defences or exemptions exist by which the organisation might prevent publication of that information. RI H 7771 IA D 1175 § 1462 – Importation or transportation of obscene matters Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section § 2702, it is a criminal violation to intentionally access without authorisation (or exceed authorised access) a facility that provides an electronic communications service (“ECS”), which could include, among others, email service providers or even employers who provide email addresses to their employees. Status: Pending Status: Failed--adjourned Amends the Penal Law, relates to computer tampering. If There Is A Vulnerability, It Will Be Exploited. FRAMEWORK {6}Each of the fifty states is free to assert its own legislative idiosyncrasies. HI H 2134 Status: Enacted 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. The same statute that makes it a crime to conspire to violate federal law also makes it a federal crime to conspire to defraud the United States. Status: Enacted Requires a contract with a contractor doing business with a state agency to require that the contractor maintain cyber insurance if the contractor receives or has access to records containing personal information protected under the Information Practices Act. 2. § 1030(a)(5)(A) (intentionally damaging through knowing transmission, imprisonment up to 10 years), as well as state computer crime laws. C3 also operates a fully equipped computer forensics … ): After announcing an Incident allegedly impacting up to 200 million people, faced consumer class action, shareholder derivative action and securities fraud action, in addition to regulatory investigations, which it ultimately agreed to settle. VA HJR 23 Status: Pending Directs the state Cybersecurity and Communications Integration Cell, Office of Information Technology, and the state Big Data Alliance to develop an advanced cyber-infrastructure strategic plan. (Governor Package) Establishes the Hawaii State Fusion Center as a program under the Office of Homeland Security and establishes the position of Hawaii State Fusion Center director who shall be state-funded, responsible to the director of Homeland Security, and accountable to manage the operations of the center. For example, the CCPA provides for statutory damages of between $100 to $750 per consumer and per Incident in the event of a data breach caused by the failure to have in place reasonable security measures. WA H 1840 (First special session) Relates to state government; establishes a Legislative Commission on Cybersecurity; provides legislative appointments. Cyber insurance policy forms are typically not standardised and vary significantly from carrier to carrier. LA S 79 Supporting programs or incentives for cybersecurity training and education. Status: Pending 2.7        Penalties: What are the penalties for not complying with the above-mentioned requirements? (1) having knowingly accessed a computer without authorization or … Amends veterans' preference provisions to require the Department of Human Resources to collaborate with specified state entities to establish a veterans' preference to be applied to employment opportunities within the field of cybersecurity that require a background check. WA H 2111 Relates to state government, establishes a Legislative Commission on Cybersecurity, provides legislative appointments. MN S 2097 Status: Failed--adjourned Status: Failed--adjourned Status: Failed--adjourned imperceptible, remotely hosted graphics inserted into content to trigger a contact with a remote server that will reveal the IP address of a computer that is viewing such content), Honeypots (i.e. Directs the Tennessee Department of Financial Institutions to conduct a study relative to the application of blockchain and related technology in the financial services sector and to recommend any changes to the laws and rules of this State that impact the application of those technologies in this state. 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. Status: Pending Status: Pending Cyber Crime Training Collaboration With The National Center For Justice And The Rule Of Law As today''''s technology-driven world provides a new arena for criminals and other unscrupulous actors, the Cyber Crime Project works to provide the necessary training and technical assistance to prosecutors in Attorney General Offices to enable them to successfully investigate and prosecute … Beacons (i.e. Status: Failed--adjourned Status: Vetoed Relates to insurance, establishes an Insurance Data Security Law. Amends the Penal Law, relates to creating the crime of cyberterrorism and calculating damages caused by computer tampering, provides that cyberterrorism shall be a class B felony. Relates to state government, requires consideration of cloud computing service options in state agency information technology projects, requires technology infrastructure inventories and security risk assessments, requires completion of the consolidation of information technology services and a strategic work plan, requires a consolidation surcharge for certain agencies, mandates reports. Establishes the offenses of phishing in the third degree, phishing in the second degree and phishing in the first degree, relates to the time in which prosecution of such offenses must be commenced. MN H 14 Deception claims are typically premised on an alleged misrepresentation about the security practices of an organisation. Status: Failed--adjourned The SEC regulates many financial institutions and the OCR is primarily responsible for enforcing HIPAA. There are no regulatory limitations specific to cyber insurance, but some states do not allow for insurance against certain violations of law. The nature and scope of the information that is required to be reported varies by state or territory. Establishes the Cybersecurity Coordination and Operations Office within the Emergency Management Agency to help improve statewide cybersecurity readiness and response, requires the director of MEMA to appoint an executive director as head of the office, requires the office to be provided with sufficient staff to perform the office's functions, requires the office to establish regional assistance groups to deliver or coordinate support services to political subdivisions and agencies. NC S 212 Status: Pending Government authorities alleged that Equifax failed to have in place reasonable security for the information it collected and stored. MD H 1618 MD H 1580 Status: Failed--adjourned Status: Pending CT H 5511 NY S 6822 GA H 641 Relates to state government, establishes a Legislative Commission on Cybersecurity, provides legislative appointments. At the state level, several states have passed laws imposing security requirements. Urges secretary of state to assure legislature and public that State's electoral system is protected from foreign computer hackers. Status: Pending Status: Failed-adjourned Under the Stored Communications Act (Title II of the ECPA), 18 U.S.C. LA H 398 Status: Pending Status: Failed--adjourned Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc. Even if a past Incident is not material, companies should consider them in evaluating their disclosures regarding cybersecurity. IL S 1719 Status: Pending Status: Adopted Target faced consumer and shareholder actions and also an action brought by banks related to the theft of payment card data. GA H 862 Status: Enacted 5.3        Are companies (whether listed or private) subject to any specific disclosure requirements (other than those mentioned in section 2) in relation to cybersecurity risks or Incidents (e.g. Status: Pending However this act has been amended twice, by the Police and Justice Act 2006 and by the Serious Crime Act 2015– this introduced: 3ZA.Unauthorised acts causing, … “Title 18, United States Code, Section 2261A is the federal stalking statute. Tel: 202-624-5400 | Fax: 202-737-1069, Research, Editorial, Legal and Committee Staff, E-Learning | Staff Professional Development, Communications, Financial Services and Interstate Commerce, TELECOMMUNICATIONS & INFORMATION TECHNOLOGY, Telecommunications and Information Technology, Copyright 2020 by National Conference of State Legislatures. Amends the Military Law, establishes civilian cybersecurity reserve forces within the state militia to be capable of being expanded and trained to educate and protect state, county, and local government entities, critical infrastructure, including election systems, businesses, and citizens of the state from cyber attacks. Status: Failed--adjourned GA  E.O. LA H 478 Status: Pending UT H 158 Relates to Implementing the 2020-2021 General Appropriations Act, implements specified appropriations of the General Appropriations Act for 2020-2021 fiscal year. Establishes a cybercrime investigation unit in the department of public safety to investigate crimes with a nexus to the internet or computer technology including crimes involving child exploitation and cyber intrusion. Status: Pending Prohibits any municipal corporation or other government entity from paying ransom in the event of a cyber-attack against such municipal corporation's or government entity's critical infrastructure. 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