Yes, a DOS attack could violate the CFAA, 18 U.S.C. § 1030(a)(5) (intentional harm by knowing transmission, imprisonment for up to 10 years) and state computer crime laws. The Federal Acquisition Regulation System is a set of rules that govern government procurement in the United States. These rules include various requirements for government contractors. Entrepreneurs must follow these rules, otherwise they risk losing government business. In terms of cybersecurity, these rules include several requirements for the systems and security needed within an organization. The rules determine what information can and cannot be shared, when companies are required to report cyber incidents, and what cybersecurity standards organizations must meet.12 These rules go beyond the rules required by broader federal law. The GDPR was created to protect the personal data of citizens within the European Union. The Regulation requires Member States to comply with certain certifications, to establish a cybersecurity certification authority and to provide for sanctions in the event of infringements or breaches of certification schemes. Whether a company is located in the EU or not, the GDPR regulates all companies that use, process or store personal data of EU citizens. The regulation also goes beyond most laws in the United States, which classify it as personal and protected information. This includes data such as location, IP address, cookie data and RFID tags, as well as other information such as biometric data, racial or ethnic data, political opinions or sexual orientation. The EU GDPR website serves as a “Comprehensive Guide to GDPR Compliance”16 and has published the full set of rules as well as checklists and guidance on compliance.
Another reason why many private sector leaders oppose regulation is that it is expensive and involves government oversight in private companies. Businesses are just as concerned about regulation that reduces profits as they are about regulation that limits their flexibility to effectively solve the cybersecurity problem. An important SEC guide was published in 2011. These guidelines specify that “while no existing disclosure obligation explicitly refers to cybersecurity risks and cyber incidents, a number of disclosure requirements may impose an obligation on registrants to disclose these risks and incidents.” 7 In other words, cybersecurity information is important enough to be considered essential and must be shared with investors. For example, investors may need to know that the company has a security strategy in place, what threats are relevant, how past breaches have affected the business, and how future breaches may harm the business. The SEC guidelines explain how companies can successfully disclose the right amount of information without creating new cybersecurity threats by revealing too much. Since the publication of these guidelines, many publicly traded companies have increased their disclosure of relevant cybersecurity risks. A 2019 study by EY showed that 9 out of 10 publicly traded companies now include cybersecurity in the risk monitoring section of their proxy circulars.8 The Cybersecurity and Infrastructure Security Agency Act created CISA, a component of the Department of Homeland Security, and the federal agency responsible for protecting critical infrastructure in the United States. The CCAA coordinates between government and private sector organizations on critical infrastructure protection and has begun to develop and share information on its expertise in cybersecurity vulnerabilities, incident response and cybersecurity risks with private sector companies. As a recent example, the agency, along with the FBI and NSA, have released detailed information about the Conti ransomware, including technical details, attack techniques, and risk mitigation measures, to reduce the risk of compromise.
The federal government has also issued sectoral guidelines for critical infrastructure operators, and the nuclear, chemical, electricity, government procurement, transportation and other sectors have detailed legal and regulatory requirements. IA D 1335 Status: Failure Refers to data security standards, and the investigation and reporting of cyber security incidents for certain licensees, subject to the jurisdiction of the Commissioner of Insurance, make penalties applicable, including provisions relating to the effective date. IA H.B. 719 Statute: Published Refers to data security standards, and investigations and notifications of cyber security events, for certain licensees under the jurisdiction of the Commissioner of Insurance, make sanctions applicable, including provisions from the date of coming into force. IA H.B. 861 Statute: Promulgated Refers to funds for the justice system, gambling regulation fees and the establishment of an Office of Cybercrime, the creation of a Ministry of Correctional Services Survivor Benefit Fund, and the inclusion of provisions on the effective date and retroactive applicability. IA HSB 198 Status: Failed Refers to data security standards, and investigations and notifications of cybersecurity events for certain licensees subject to the jurisdiction of the Commissioner of Insurance make penalties applicable, including provisions from the effective date. IA S.B. 553 Status: Failure Refers to data security standards, and the investigation and reporting of cybersecurity incidents for certain licensees under the jurisdiction of the Commissioner of Insurance make sanctions applicable, including provisions from the date of coming into force.
IA SSB 1190 Status: Failed Refers to standards relating to data security and the investigation and reporting of cybersecurity incidents, sanctions applicable to certain licensees subject to the jurisdiction of the Commissioner of Insurance, including the effective date of the provisions. TN H.B. 766 Status: Promulgates proprietary standards for data security, the investigation of cyber security events by licensees, and the notification of licensees of cyber security events to the Commissioner and affected consumers; Provides that a licensee is a person as defined and does not include a purchasing group or risk retention group approved and licensed in another State, or a person acting as a receiving insurer and residing in another State or jurisdiction. Justin Fier, vice president of tactical risk and response at Darktrace, told Security that the law “will give federal cyber professionals valuable transferable skills and diversify their career paths,” but warned that “it also contributes to an industry that already suffers from cutting-edge burnout.” In a recent survey conducted by ThreatConnect, nearly a third of cybersecurity professionals said they feel very stressed at work. Learn how to get started with the basics of cybersecurity while keeping costs to a minimum. Several states have their own laws to notify cybersecurity and data breaches. Many federal and state laws include cybersecurity requirements. The Federal Trade Commission (“FTC”) has been particularly active in this area and has interpreted its enforcement authority under Section 5(a) of the FTC Act, which applies to unfair and deceptive practices, as a means of requiring companies to implement security measures. The FTC has taken numerous enforcement actions against companies that it says have not taken adequate security measures. However, the U.S. Supreme Court recently restricted the FTC`s ability to seek fines for possible violations of FTC law without first resorting to its administrative procedures.
There are few federal cybersecurity regulations, and those that currently exist focus on specific industries. The top three cybersecurity regulations are the Health Insurance Portability and Accountability Act of 1996 , the Gramm-Leach-Bliley Act of 1999, and the Homeland Security Act of 2002, which included the Federal Information Security Management Act (FISMA). All three regulations require health care organizations, financial institutions, and federal agencies to protect their systems and information. [3] For example, FISMA, which applies to any government agency, requires “the development and implementation of binding information security guidelines, principles, standards and guidelines.” However, the regulation does not target many IT-related industries such as Internet Service Providers (ISPs) and software companies. [4] In addition, the Regulations do not specify which cyber security measures must be implemented and only require an “adequate” level of security. The vague wording of these regulations leaves a lot of room for interpretation. Bruce Schneier, the founder of Cupertino`s Counterpane Internet Security, says companies won`t make enough investments in cybersecurity unless the government forces them to. [5] It also notes that successful cyberattacks against government systems still occur despite government efforts. [6] In the United States, the federal government has not yet passed laws allowing for a comprehensive treatment of cybersecurity. Instead, companies must learn to comply with a patchwork of other laws indirectly related to cybersecurity. While cybersecurity was not originally included when these laws were drafted, many of these laws have been updated to include parts about cybersecurity.