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Data 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 is a security violation, in which sensitive, protected or confidential data is copied, transmitted, viewed, stolen or used by an individual unauthorized to do so. Other terms are unintentional information disclosure, data leak, information leakage and data spill. Incidents range from concerted attacks by individuals who hack for personal gain or malice ( black hats), organized crime, political activists or national governments, to poorly configured system security or careless disposal of used computer equipment or data storage media. Leaked information can range from matters compromising national security, to information on actions which a government or official considers embarrassing and wants to conceal. A deliberate data breach by a person privy to the information, typically for political purposes, is more often described as a "leak". Data breaches may involve financial information such as credit card and debit card details, bank details, personal health info ...
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California Senate Bill 1386 (2002)
California S.B. 1386 was a bill passed by the California legislature that amended the California law regulating the privacy of personal information: civil codes 1798.29, 1798.82 and 1798.84. This was an early example of many future U.S. and international security breach notification laws, it was introduced by California State Senator Steve Peace on February 12, 2002, and became operative July 1, 2003. Sections Enactment of a requirement for notification to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. This requires an agency, person or business that conducts business in California and owns or licenses to computerized 'personal information,' to disclose any breach of security (to any resident whose unencrypted data is believed to have been disclosed). The bill mandates various mechanisms and procedures with respect to many aspects of this scenario, subject also to other defined ...
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Security Breaches
Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of 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). The term is also used to refer to acts and systems whose purpose may be to provide security (security companies, security forces, security guard, cyber security systems, security cameras, remote guardin ...
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Computer Law
Information technology law (also called cyberlaw) concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitized) information and software, information security and electronic commerce aspects and it has been described as "paper laws" for a "paperless environment". It raises specific issues of intellectual property in computing and online, contract law, privacy, freedom of expression, and jurisdiction. History The regulation of information technology, through computing and the internet evolved out of the development of the first publicly funded networks, such as ARPANET and NSFNET in the United States or JANET in the United Kingdom. Areas of law IT law does not constitute a separate area of law rather it encompasses aspects of contract, intellectual property, privacy and data protection laws. Intellectual property is an important component of IT law, including ...
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Computer Security
Computer security, cybersecurity (cyber security), or information technology security (IT security) is the protection of computer systems and networks from attack by malicious actors that may result in unauthorized information disclosure, theft of, or damage to hardware, software, or data, as well as from the disruption or misdirection of the services they provide. The field has become of significance due to the expanded reliance on computer systems, the Internet, and wireless network standards such as Bluetooth and Wi-Fi, and due to the growth of smart devices, including smartphones, televisions, and the various devices that constitute the Internet of things (IoT). Cybersecurity is one of the most significant challenges of the contemporary world, due to both the complexity of information systems and the societies they support. Security is of especially high importance for systems that govern large-scale systems with far-reaching physical effects, such as power distribution, ...
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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. 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 command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ...
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State Attorney General
The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the 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 a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term. In Maine, the attorney general is elected by the state Legislature for a two-year term. The Distri ...
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Health Insurance Portability And Accountability Act
The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Kennedy– 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 modernized the flow of healthcare information, stipulates how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on healthcare insurance coverage. It generally prohibits healthcare providers and healthcare businesses, called ''covered entities'', from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent. With limited exceptions, it does not restrict patients from receiving information about themselves. It does not prohibit patients from voluntarily sharing their health information however they choose, nor does it require confidential ...
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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 conglo ...
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Federal Trade Commission Act Of 1914
The Federal Trade Commission Act of 1914 was 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 outlaws unfair methods of 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, President Wilson expanded on the agency by passing the Federal Trade Commissions Act and the Clayton Antitrust Act. The Federa ...
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Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the United States. He previously served as a U.S. senator from Illinois from 2005 to 2008 and as an Illinois state senator from 1997 to 2004, and previously worked as a civil rights lawyer before entering politics. Obama was born in Honolulu, Hawaii. After graduating from Columbia University in 1983, he worked as a community organizer in Chicago. In 1988, he enrolled in Harvard Law School, where he was the first black president of the '' Harvard Law Review''. After graduating, he became a civil rights attorney and an academic, teaching constitutional law at the University of Chicago Law School from 1992 to 2004. Turning to elective politics, he represented the 13th district in the Illinois Senate from 1997 until 2004, when he ran for the U ...
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109th Congress
The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members were elected in the 2004 elections on November 2, 2004. Senators were elected in three classes in the 2000 elections on November 7, 2000, 2002 elections on November 5, 2002, or 2004 elections on November 2, 2004. The apportionment of seats in the House of Representatives was based on the Twenty-second Census of the United States in 2000. This is the most recent Congress to feature a Republican Senator from Rhode Island, Lincoln Chafee, who lost re-election in 2006. The Republicans maintained control of both the House and the Senate (slightly increasing their majority in both chambers), and with the reelection of President Bush, the Republicans maintained ...
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