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Security Breach Notification Laws
Security breach notification laws or data breach notification laws are laws that require individuals or entities affected by a data breach, unauthorized access to data, to notify their customers and other parties about the breach, as well as take specific steps to remedy the situation based on state legislature. Data breach notification laws have two main goals. The first goal is to allow individuals a chance to mitigate risks against data breaches. The second goal is to promote company incentive to strengthen data security.Together, these goals work to minimize consumer harm from data breaches, including impersonation, fraud, and identity theft. Such laws have been irregularly enacted in all 50 U.S. states since 2002. Currently, all 50 states have enacted forms of data breach notification laws. There is no federal data breach notification law, despite previous legislative attempts. These laws were enacted in response to an escalating number of breaches of consumer databases contai ...
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Data Breach
A data breach, also known as data leakage, is "the unauthorized exposure, disclosure, or loss of personal information". Attackers have a variety of motives, from financial gain to political activism, political repression, and espionage. There are several technical root causes of data breaches, including accidental or intentional disclosure of information by insiders, loss or theft of unencrypted devices, hacking into a system by exploiting software vulnerabilities, and social engineering attacks such as phishing where insiders are tricked into disclosing information. Although prevention efforts by the company holding the data can reduce the risk of data breach, it cannot bring it to zero. The first reported breach was in 2002 and the number occurring each year has grown since then. A large number of data breaches are never detected. If a breach is made known to the company holding the data, post-breach efforts commonly include containing the breach, investigating its scope ...
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Identity Theft
Identity theft, identity piracy or identity infringement occurs when someone uses another's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was coined in 1964. Since that time, the definition of identity theft has been legally defined throughout both the UK and the United States, U.S. as the theft of personally identifiable information. Identity theft deliberately uses someone else's personally identifiable information, identity as a method to gain financial advantages or obtain credit and other benefits. The person whose identity has been stolen may suffer adverse consequences, especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, Personal identification ...
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Information Sensitivity
Information sensitivity is the control of access to information or knowledge that might result in loss of an advantage or level of security if disclosed to others. Loss, misuse, modification, or Access control, unauthorized access to sensitive information can adversely affect the privacy or welfare of an individual, trade secrets of a business or even the national security, security and international relations of a nation depending on the level of sensitivity and nature of the information. Non-sensitive information Public information This refers to information that is already a matter of public record or knowledge. With regard to government and private organizations, access to or release of such information may be requested by any member of the public, and there are often formal processes laid out for how to do so. The accessibility of government-held public records is an important part of government transparency, accountability to its citizens, and the values of democracy. Publ ...
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Security Breaches
Security is protection from, or resilience against, potential harm (or other unwanted coercion). Beneficiaries (technically referents) of security may be persons and social groups, objects and institutions, ecosystems, or any other entity or phenomenon vulnerable to unwanted change. Security mostly refers to protection from hostile forces, but it has a wide range of other senses: for example, as the absence of harm (e.g., freedom from want); as the presence of an essential good (e.g., food security); as resilience against potential damage or harm (e.g. secure foundations); as secrecy (e.g., a secure telephone line); as containment (e.g., a secure room or cell); and as a state of mind (e.g., emotional security). Security is both a feeling and a state of reality. One might feel secure when one is not actually so; or might feel insecure despite being safe. This distinction is usually not very clear to express in the English language. The term is also used to refer to acts ...
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Computer Law
Information technology law (IT law), also known as information, communication and technology law (ICT law) or cyberlaw, concerns the juridical regulation of information technology, its possibilities and the consequences of its use, including computing, software coding, artificial intelligence, the internet and virtual worlds. The ICT field of law comprises elements of various branches of law, originating under various acts or statutes of parliaments, the common and continental law and international law. Some important areas it covers are information and data, communication, and information technology, both software and hardware and technical communications technology, including coding and protocols. Due to the shifting and adapting nature of the technological industry, the nature, source and derivation of this information legal system and ideology changes significantly across borders, economies and in time. As a base structure, Information technology law is related to primarily g ...
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Computer Security
Computer security (also cybersecurity, digital security, or information technology (IT) security) is a subdiscipline within the field of information security. It consists of the protection of computer software, systems and computer network, networks from Threat (security), threats that can lead to unauthorized information disclosure, theft or damage to computer hardware, hardware, software, or Data (computing), data, as well as from the disruption or misdirection of the Service (economics), services they provide. The significance of the field stems from the expanded reliance on computer systems, the Internet, and wireless network standards. Its importance is further amplified by the growth of smart devices, including smartphones, televisions, and the various devices that constitute the Internet of things (IoT). Cybersecurity has emerged as one of the most significant new challenges facing the contemporary world, due to both the complexity of information systems and the societi ...
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Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) United States antitrust law, antitrust law and the promotion of consumer protection. It shares jurisdiction over federal civil antitrust law enforcement with the United States Department of Justice Antitrust Division, Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC. The FTC was established in 1914 by the Federal Trade Commission Act of 1914, Federal Trade Commission Act, which was passed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Antitrust Act of 1914, Clayton Act, a key U.S. antitrust statute, as well as the provisions of the FTC Act, et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promul ...
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Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. The rules of preemption seek to restrict it to only where it is explicit or necessary. In the course of adjudicating cases, the issue of preemption may be heard in either state or federal court. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that comm ...
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State Attorney General
The state attorney general in each of the 50 U.S. states, of the District of Columbia, federal district, or of any of the Territories of the United States, territories is the chief legal advisor to the State governments of the United States, state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice. Selection The most prevalent method of selecting a state's attorney general is by popular election. 43 states have an elected attorney general. Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is appointed by the governor. The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term. In ...
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Health Insurance Portability And Accountability Act
The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Ted Kennedy, Kennedy–Nancy Kassebaum, Kassebaum Act) is a United States Act of Congress enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. It aimed to alter the transfer of healthcare information, stipulated the guidelines by which personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on Health insurance in the United States, healthcare insurance coverage. It generally prohibits Health professional, healthcare providers and businesses called covered entities from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent. The bill does not restrict patients from receiving information about themselves (with limited exceptions). Furthermore, it does not proh ...
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Gramm–Leach–Bliley Act
The Gramm–Leach–Bliley Act (GLBA), also known as the Financial Services Modernization Act of 1999, () is an act of the 106th United States Congress (1999–2001). It repealed part of the Glass–Steagall Act of 1933, removing barriers in the market among banking companies, securities companies, and insurance companies that prohibited any one institution from acting as any combination of an investment bank, a commercial bank, and an insurance company. With the passage of the Gramm– Leach– Bliley Act, commercial banks, investment banks, securities firms, and insurance companies were allowed to consolidate. Furthermore, it failed to give to the SEC or any other financial regulatory agency the authority to regulate large investment bank holding companies. The legislation was signed into law by President Bill Clinton. A year before the law was passed, Citicorp, a commercial bank holding company, merged with the insurance company Travelers Group in 1998 to form the cong ...
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Federal Trade Commission Act Of 1914
The Federal Trade Commission Act of 1914 is a United States federal law which established the Federal Trade Commission. The Act was signed into law by US President Woodrow Wilson in 1914 and Trade regulation, outlaws unfair methods of Competition (economics), competition and unfair acts or practices that affect commerce. Background The inspiration and motivation for this act started in 1890, when the Sherman Antitrust Act was passed. There was a strong antitrust movement to prevent manufacturers from joining price-fixing cartels. After ''Northern Securities Co. v. United States'', a 1904 case that dismantled a J. P. Morgan company, antitrust enforcement became institutionalized. Soon, US President Theodore Roosevelt created the Bureau of Corporations, an agency that reported on the economy and businesses in the industry. The agency was the predecessor to the Federal Trade Commission. In 1913, Congress expanded on the agency by passing the Federal Trade Commissions Act and the ...
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