California AG Weighs in on Cybersecurity

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Just as NIST completes its version 1.0 national Framework for Improving Critical Infrastructure Cybersecurity, California Attorney General Kamala Harris has made clear she intends a leadership role for California. With a guide called “Cybersecurity in the Golden State: How California Businesses Can Protect Against and Respond to Malware, Data Breaches and Other Cyberincidents,” the AG offers a simplified, brief, and plain English version of cybersecurity protections directed toward small and medium size California businesses that likely lack the resources to hire full-time cybersecurity personnel. The Guide’s “Practical Steps to Minimize Cyber Vulnerabilities” are based on acknowledged deficiencies in the devices, websites, and apps at the network’s edge, and on the need for users and businesses to discipline their behavior and increase their vigilance against threats. The best practices outlined in the Guide are not unique to small or medium size businesses and overlap to a large extent NIST’s perspective on threats and cyber recommendations from many sources. The NIST Framework provides greater detail and is more explicit in the latitude it provides for business judgments about the proportionality of precautions with respect to the specific risks. Both the California Guide and NIST Framework seek to prod organizations to analyze risks, determine needs, and outline plans to protect, detect, respond and recover.

One thing is clear—just as Attorney General Kamala Harris took the lead in privacy efforts and is leading state attorneys general in their own investigation of the Neiman Marcus, Target, and Michaels Stores breaches, she is taking the lead in cyber. Watch this space.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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