Encryption

News & Analysis as of

Law Firms and Vendors Mandated to Up Their Cyber Game: Final Installment in a 3-Part Series

This is our final installment in a three-part series examining the New York State Department of Financial Services (“DFS”) new cybersecurity regulation.  In this installment, we provide an overview of the regulation’s impact...more

Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends

I missed this article when it was published a couple of weeks ago (and have actually presented in a CLE program with the author since), but it still seems timely to cover especially in light of our post on Monday regarding...more

California Amends Its Data Breach Notification Law…Again

Under this most recent change to California’s breach notification laws (California Civil Code sections 1798.29 and 1798.82), which takes effect January 1, 2017, businesses and agencies subject to the laws can no longer assume...more

Cloud Service Providers Beware, You May Be Subject to HIPAA Without Knowing It

The use of cloud service providers has exploded in the past several years. According to estimates from Gartner, the market for cloud services is expected to reach $204 billion in 2016. But the use of cloud service providers...more

California Amends Data Breach Notification Law to Require Notification of Breach of Encrypted Personal Information When Encryption...

On September 13, 2016, California Governor Jerry Brown signed into law AB 2828, an amendment to the law that requires businesses to disclose data breaches to California residents whose personal information has been...more

New York Department of Financial Services Proposes Cybersecurity Regulation

On September 13, 2016, New York Governor Andrew Cuomo announced that the New York Department of Financial Services (the “DFS”) proposed a regulation that would require banks, insurance companies, and other financial services...more

HHS Designates Cloud Service Providers as Business Associates Under HIPAA

Cloud service providers that process electronic protected health information (ePHI) are business associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), even if the PHI is encrypted and the...more

What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Recently, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed...more

The State of File Sync and Share

Now more than ever before there is an increased demand for employees to share and collaborate on documents with people inside and outside of their respective organizations. For this reason, organizations of all shapes and...more

HHS-OCR Announces Guidance On HIPAA Compliance And Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance on complying with HIPAA privacy, security, and breach notification rules when using cloud computing technology...more

Cybersecurity Requirements Proposed for New York Financial Companies

The New York Department of Financial Services has proposed new cybersecurity regulations “designed to promote the protection of customer information as well as the information technology systems of regulated entities...more

The New York State Department of Financial Services Proposes Robust Cybersecurity Rules

On September 13, 2016, the New York State Department of Financial Services (DFS) proposed new rules that would require certain “Covered Entities” to establish and implement cybersecurity programs designed to protect nonpublic...more

New York's New Cybersecurity Rules: What Is Required?

The new cybersecurity rules proposed by the New York State Department of Financial Services require financial services institutions to have extensive cybersecurity protections in place; including cybersecurity programs,...more

BIS Modifies Rules Governing the Export of Information Security Items Under the Export Administration Regulations; Updates to Cuba...

On September 20, 2016, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EARs) to incorporate the December 2015 changes to the Wassenaar Arrangement's List...more

MAZ Encryption Technologies: The Proper Way to Decide a Rule 12(c) Motion for Ineligible Subject Matter

Given the volume of district court decisions regarding Section 101, I typically don't find ones that stand out enough to warrant discussion. But last week's decision by Judge Stark in MAZ Encryption Technologies LLC v....more

What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed...more

Homeland Security Committee Releases Updated Encryption Report

Last week, House Homeland Security Committee Chairman Michael McCaul (R-TX) released an update to the Committee’s report on encryption. The original report, “Going Dark, Going Forward,” was released in June 2016. It was...more

Changes to BIS's information security controls bring relaxed controls, removal of registration requirement

As part of a raft of revisions to the Export Administration Regulations ("EAR") implementing December 2015 changes to the Wassenaar Arrangement, on September 20, 2016, the Bureau of Industry and Security ("BIS") issued a...more

New York DFS Promulgates Cybersecurity Requirements for Financial Services

The New York State Department of Financial Services promulgated proposed cyber security requirements to respond to “the ever-growing threat posed to information and financial systems by nation-states, terrorist organizations...more

US Implements Regulation Changes for Encryption Products, Software and Technology

On September 20, 2016, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department amended the Export Administration Regulations (EAR) and the list of goods, software and technology that are controlled under the...more

BIS Ends Encryption Registration Requirement and Announces Other Amendments to Encryption Rules (IRB No. 550)

On September 21, 2016, the Bureau of Industry and Security (“BIS”) announced various and wide-ranging amendments to the encryption rules in the Export Administration Regulations (“EAR”). Some of the changes in the amended...more

BIS Issues Final Rule Altering Encryption Controls

On Sept. 20, 2016, the Bureau of Industry and Security (BIS) published a final rule that revises the Export Administration Regulations (EAR) and the Commerce Control List (CCL), primarily to implement changes that were agreed...more

Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

Don’t doubt the data breach: Massive Yahoo hack reminds us it’s not if, but when

Today, September 22, 2016, internet giant Yahoo announced a data breach that exposed the information of over 500 million of its users. The breach, announced by CEO Melissa Meyer, involved the breach of Yahoo servers exposing...more

Privacy Tip #53 – Valuable Lesson: Don’t Write Down Passwords

I have been doing a lot of live employee training lately. I really enjoy it, and have been told that it is some of the most entertaining training around. The reason why I can get the audience to laugh is because I tell real...more

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