For example, in the Yahoo! Status: Pending NE L 351 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. LA H 751 USA has quite a stronghold on cyber laws. The U.S. Supreme Court is considering the scope of this statute in Van Buren v. U.S., case no. Status: Failed--adjourned 2. PR HR 367 KS S 454 RI H 7723 Law and Cybercrime in the United States Todayt American laws addressing cybercrime are shaped by the general structure of law in a federal state with common law courts. ICLG - Cybersecurity Laws and Regulations - MI H 4348 Requires manufacturers of connected devices to equip such devices with reasonable security features. Status: Pending Status: Failed Enacts the Personal Information Protection Act, establishes a personal information bill of rights requiring parties having custody of residents personal identifying information to ensure the security thereof, provides for the approval of programs to secure personal identifying information by the office of information security, requires the notification of the division of state police and the subjects of information upon the breach of such information.. NY A 914 Amends the Penal Law, relates to creating the crime of cyberterrorism and calculating damages caused by computer tampering, cyberterrorism shall be a class B felony. 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. Status: Pending Relates to emergency reporting, requires a county or municipality to report certain incidents to the State Watch Office within the Division of Emergency Management, authorizes the division to establish guidelines to specify additional information that must be provided by a reporting county or municipality. Establishes the Cybersecurity Coordination and Operations Office within the Maryland 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, agencies. Status: Pending Requires a supplier of water to inspect certain valves in a public water system in a certain manner, repair or replace valves, inspect fire hydrants, formulate and implement a plan, identify the locations of valves, and record characteristics and identifiers of certain valves, requires a supplier of water to develop a certain cybersecurity program by a specified date. TN HR 249 3.3        Does your jurisdiction restrict the import or export of technology (e.g. Status: Pending Status: Pending It’s also important to differentiate between a cyber-enabled crime and a cyber-centric crime. Provides appropriations from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and the public schools, and for the payment of Bills incurred and remaining unpaid at the close of the fiscal year. 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. Status: Pending Cybercrime prevention tips. IA H 2568 State regulators sometimes impose very significant further regulations, particularly in New York. NY S 2475 MD H 237 Status: Failed--adjourned Amends the Penal Law, elevates all computer tampering offenses by one degree in severity. Telecommunications: The Communications Act, as enforced by Federal Communications Commission (“FCC”) regulations, requires telecommunications carriers and providers of Voice over Internet Protocol (“VoIP”) services to protect “customer proprietary network information”. Cybercrime … Directs the state board of elections to study and evaluate the use of blockchain technology to protect voter records and election results. Status: Pending This report shall include: (1) the number, source(s), and target(s) of cyber attacks in California; (2) how the center responded to each, and whether any of the center's investigations have led to prosecutions; and (3) a summary of special bulletins, notices, and awareness efforts of the center. WA H 2293 Most businesses must comply with sector-specific federal and states laws. NC S 284 Identity theft or identity fraud (e.g. GA H 1049 Status: Enacted Status: Failed--adjourned ME S 697 Every country in the world has their varied laws and rules against cybercrime activities. Timeframes for notification vary by state; however, 30 days is a common standard. Relates to public records and meetings, revises a provision to reflect the abolishment of the Agency for State Technology, provides an exemption from public records requirements for portions of records held by a state agency that contain network schematics, hardware and software configurations and encryption, provides an exemption from public meetings requirements for portions of meetings that would reveal such records. Creates affirmative defenses to causes of action arising out a data breach involving personal information, restricted information, or both personal information and restricted information, provides that an entity may not claim an affirmative defense if the entity had notice of a threat or hazard, establishes the requirements for asserting an affirmative defense, provides a severability clause. 17 Creates the Cybersecurity Talent Initiative Fund for the purpose of funding degree and certificate programs in cybersecurity Fields and the Cybersecurity Education Management Council to advise relative to the fund. During the 80’s the FBI was given jurisdiction over computer and credit card A preliminary question any plaintiff must answer is whether there is any duty to protect the plaintiffs’ information. Relates to creating the Modernized Voter Registration Act of New York, modernizes voter registration, promotes access to voting for individuals with disabilities, protects the ability of individuals to exercise the right to vote in elections for local and state office, makes an appropriation therefor. The SEC has issued guidance regarding the factors public companies should report with respect to cybersecurity. LA H 6 Alternatively, they must prove that such a request would be futile. United Nations Convention Against Transnational Organized Crime (2000) This treaty, also known as the Palermo Convention, obligates state parties to enact domestic criminal offenses that target organized criminal groups and to adopt new frameworks for extradition, mutual legal assistance, and law … MS H 1165 Relates to general provisions of state government so as to prohibit state agencies from paying ransoms in response to cyber attacks, provides for a definition, provides for related matters, provides for an effective date, repeals conflicting laws. Status: Pending 1030, covers nine different offenses whose maximum statutory penalties range from one year to life imprisonment. Status: Failed--adjourned Status: Failed--adjourned NC H 911 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. Regulates data brokers, provides that data brokers would be required to annually register, provide substantive notifications to consumers, and adopt comprehensive data security programs. Status: Failed--adjourned No general U.S. laws expressly require organisations to implement backdoors in their IT systems or provide law enforcement authorities with encryption keys. Status: Pending Status: Failed--adjourned Expands the authorized uses of monies in the State Emergency Response Fund. Other relevant laws include the Electronic Communications Protection Act (“ECPA”), which provides protections for communications in storage and in transit. Status: Pending 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. Relates to election systems security. Tel: 303-364-7700 | Fax: 303-364-7800, 444 North Capitol Street, N.W., Suite 515 Status: Failed--adjourned Establishes penalties. Amends the act of December 22, 2005, known as the Breach of Personal Information Notification Act, provides for title of act, for definitions and for notification of breach, prohibits employees of the Commonwealth from using nonsecured Internet connections, provides for Commonwealth policy and for entities subject to the Health Insurance Portability and Accountability Act of 1996. Requires Economic Development Authority to establish program offering low interest loan to certain financial institutions and personal data businesses to protect business's information technology system from customer personal information disclosure. Status: Pending Relates to boards and offices, provides for information technology, establishes the Office of Information Technology and the Information Technology Fund, provides for administrative and procurement procedures and for the Joint Cybersecurity Oversight Committee, imposes duties on the Office of Information Technology, provides for the administration of the Statewide Radio Network, imposes penalties. Depending on the specific offence, penalties can range from one to 20 years in prison. Other top cybersecurity issues include election security (see NCSL's Elections database for other types of elections security-related legislation) and cybersecurity threats to the energy infrastructure and other critical infrastructure (see NCSL's Energy Program resources more information). Status: Pending Status: Enacted Authorizes and directs the State Department of Education to implement a mandatory K-12 computer science curriculum based on the state 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, provides for teacher training as needed. Status: Failed--adjourned Most of these statutes require some form of “reasonable security”. There are three main federal cybersecurity regulations - - 1996 Health Insurance Portability and Accountability Act (HIPAA) - 1999 Gramm-Leach-Bliley Act - 2002 Homeland Security Act, which included the Federal Information Security Management Act (FISMA) These three regulations mandate that healthcare organizations, financial institutions, and federal agencies should protect their systems and information. Intentionally intercepting electronic communications in transit is prohibited by the Wiretap Act (Title I of the ECPA), 18 U.S.C. Relates to adopting minimum security standards for connected devices. FL H 5001 Status: Failed Cybercrime, or computer-oriented crime, is a crime that involves a computer and a network. Status: Pending PA H 225 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 state government, establishes a Legislative Commission on Cybersecurity, provides legislative appointments. VA S 641 Provides that state agencies procuring information technology goods or services give preference to vendors that carry cybersecurity insurance. Creates a credit against income tax for qualified software or cybersecurity employees. Requires the secretary of budget and management, in partnership with the secretary of information technology and the state chief information security officer, to establish certain minimum qualifications for skilled service and professional service classes of state employees in the information technology and cybersecurity fields. NM H 2 Supporting programs or incentives for cybersecurity training and education. Status: Failed--adjourned Status: Failed--adjourned After the pandemic’s onset, the FBI saw an uptick in daily cybercrime reports in April of more than 400 percent compared to typical complaint rates. Status: Failed--adjourned Even where an injury alleged is sufficient for standing, it may not be sufficient to state a claim for damages. IL H 3391 Computer Crime and Intellectual Property Section Editor in Chief Prosecuting Computer Crimes Computer Crime and Intellectual Property Section Criminal Division Published by Office of Legal Education Executive Office for United States Attorneys The Office of Legal Education intends that this book be used by Federal prosecutors for training and law enforcement purposes. VA H 1334 However, these rules are not foolproof in securing the data and require only a “reasonable” … In order to … Status: Failed--adjourned NY A 2229 Establishes a task force to study the need for increased cybersecurity within government agencies. VA H 957 (a) Whoever-. NY A 465 Status: Failed--adjourned Status: Failed--adjourned Status: Enacted § 1030(a)(2) (obtaining information, imprisonment of up to one year, or five if aggravating factors apply). 3. Yes, electronic theft could violate CFAA, 18 U.S.C. Status: Failed--adjourned Relates to Emergency Services and Disaster Law, relates to definition of disaster, relates to incidents involving cyber systems, defines cyber incident for purposes of the Emergency Services and Disaster Law as an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems. Status: Pending The United States and countries around the globe are currently facing a stunning gap in their efforts to bring to justice cybercriminals and other malicious cyber actors. WA S 6412 IA SSB 1078 IL S 240 Status: Failed--adjourned Status: Pending Status: Failed--adjourned Status: Pending Status: Failed--adjourned Yes. These state requirements are in addition to federal requirements that are sector-specific. VA H 524 To the extent information was obtained from the systems tested, such testing could violate 18 U.S.C. Provides for an affirmative defense to certain claims relating to personal information security breach protection. Under the All Writs Act, some courts in some instances have ordered reasonable assistance, including in one notable case, requiring Apple to provide assistance in circumventing security features – which Apple successfully resisted until it was moot. CA A 2507 Status: Enacted Relates to elections, transfers and appropriates money for purposes of the Help America Vote Act, improves the administration and security of elections as authorized by federal law, including but not limited to modernizing, securing and updating the statewide voter registration system and for cybersecurity upgrades as authorized by federal law… 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. VA H 1082 The Cybersecurity Information Sharing Act (“CISA”) has two primary impacts. GA  E.O. MA S 1887 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. 4Critical infrastructure is defined in 42 U.S.C. Government response to cybercrime. United Nations Treaties. Status: Failed--adjourned Amends the Election Code, requires the State Board of Elections, in consultation with the Department of Innovation and Technology, to study and evaluate the use of blockchain technology to protect voter records and election results with the assistance of specified experts, requires the board to submit a report on the use of blockchain technology to the governor and General Assembly, repeals the provisions on Jan. 1, 2023. Status: Failed--adjourned The CFAA, 18 U.S.C. Edward McNicholas Status: Failed--adjourned For example, the Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) requires covered entities and business associates to report certain Incidents involving Protected Health Information (“PHI”). Even if such a term is not included in the contract, many plaintiffs will assert a claim of implied contract, arguing that the receipt of a plaintiff’s personal information implies a promise to protect the information sufficiently. Plaintiffs may also allege violations of other statutes such as the federal Fair Credit Reporting Act or other state laws. VT H 157 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. 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. Relates to the cybersecurity of internet-connected devices and autonomous vehicles. Status: Failed--adjourned Status: Enacted measures to re-direct malicious traffic away from an organisation’s own IP addresses and servers, commonly used to prevent DDoS attacks). NY S 3973 4.2        Are there any specific legal requirements in relation to cybersecurity applicable to organisations in specific sectors (e.g. FRAMEWORK {6}Each of the fifty states is free to assert its own legislative idiosyncrasies. Status: Pending 2.6        Responsible authority(ies): Please provide details of the regulator(s) or authority(ies) responsible for the above-mentioned requirements. “Title 18, United States Code, Section 2261A is the federal stalking statute. Status: Failed--adjourned Prohibits the state and political subdivisions of the state from exStatus: Pending public money for payment to persons responsible for ransomware attacks. Establishes the State Fusion Center as a program under the Office of Homeland Security, establishes the position of 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. Urges the State Board of Education, by the 2020-2021 school year, to establish a P12 Cyber Threat Response Team within the State Board of Education to provide assistance to public schools, early childhood providers, and special education facilities across the state when faced with a cybersecurity threat. During the 80’s the FBI was given jurisdiction over computer and credit card National Security Letters (“NSLs”) offer an additional investigative tool for limited types of entities. Status: Enacted Removes the economic harm requirement from the felony commercial bribery statutes, expands the crime of larceny to include theft of personal identifying information, computer data, computer programs, and services, to adapt to modern technological realities, provides state jurisdiction and county venue over cases involving larceny of personal identifying information, computer data, and computer programs, where the victim is located in the state or the county. The plan shall include risk assessments and implementation of appropriate controls to mitigate identified cyber risks. IL S 2778 MD S 1049 WV S 261 WA S 5153 Status: Pending INL builds the ability of partner nations, as well as regional and global capacity, to combat criminal activity that can harm American citizens and national security. A .gov website belongs to an official government organization in the United States. MI H 5427 Status: Failed--adjourned For Incidents involving national security or terrorism, law enforcement may have additional powers. Establishes the Office of Information Technology and the Information Technology Fund; provides for administrative and procurement procedures and for the Joint Cybersecurity Oversight Committee; imposes duties on the Office of Information Technology; provides for administration of the Statewide Radio Network and imposes penalties. Status: Enacted 18012024, which will likely be argued in the fall of 2020. Status: Enacted Status: Pending Creates the Keep Internet Devices Safe Act, provides that a digital device is an internet-connected device that contains a microphone, provides that no private entity may turn on or enable a digital device's microphone unless the registered owner or person configuring the device is provided certain notices in a consumer agreement, provides that a manufacturer of a digital device that does not cause to be turned on or otherwise use a digital device's microphone is not subject to the restrictions on its use. 2.4        Reporting to authorities: Are organisations required under Applicable Laws, or otherwise expected by a regulatory or other authority, to report information related to Incidents or potential Incidents (including cyber threat information, such as malware signatures, network vulnerabilities and other technical characteristics identifying a cyber-attack or attack methodology) to a regulatory or other authority in your jurisdiction? NH LSR 923 OH H 368 Each of these theories may prove challenging to fit to the data breach context; for example, bailment claims are typically dismissed because plaintiffs cannot allege that they transferred any “property” to the defendant, that the defendant promised to return the “property” or that the defendant wrongfully retained such information. We reserve the right to use all necessary means – diplomatic, informational, military, and economic – as appropriate and consistent with applicable international law… cybercrime law prohibiting a variety of computer-related conduct. Adds the Development of General Services as one of the organizations whose representatives comprise the Cybersecurity Integration Center. In shareholder derivative actions, plaintiffs will typically allege that a company’s officers and board of directors breached their fiduciary duties, wasted corporate assets or committed other mismanagement in failing to ensure that the company maintained what the plaintiffs consider appropriate security. MA S 315 PR H 92 Amends the Information Security Improvement Act, provides that no state agency shall use any software platform developed, in whole or in part, by Kaspersky Lab or any entity of which Kaspersky Lab Holds majority ownership, provides that the Department of Innovation and Technology shall adopt rules as necessary to implement the provisions, provides legislative findings. Obtaining certain … Establishes that manufacturers of devices capable of connecting to the internet equip the devices with reasonable security features. SC S 374 Status: Failed--adjourned MA H 2690 CCIPS prevents, investigates, and prosecutes computer crimes by working with other government agencies, the private sector, academic institutions, and foreign counterparts. ICLG.com > Status: Failed--adjourned Addresses water policies of the state, outlines the water policies of the state, encourages state agencies to follow the state policy, addresses suits referencing the state policy, requires an annual review of the policy. SD H 1044 Provides executive recommendation for omnibus bill. 1.2        Do any of the above-mentioned offences have extraterritorial application? IL H 3017 Increasingly, states are also including in the definition of Personal Information, health and biometric information, as well as usernames and passwords that provide access to an online account. Creating task forces, councils or commissions to study or advise on cybersecurity issues. 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