Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Computer Law (3)
- Internet Law (3)
- Administrative Law (2)
- Commercial Law (2)
- Consumer Protection Law (2)
-
- European Law (2)
- Insurance Law (2)
- Legislation (2)
- National Security Law (2)
- Privacy Law (2)
- Science and Technology Law (2)
- Civil Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Energy and Utilities Law (1)
- Entertainment, Arts, and Sports Law (1)
- International Law (1)
- Law and Society (1)
- Litigation (1)
- State and Local Government Law (1)
- Torts (1)
- Transnational Law (1)
- Keyword
-
- Data breach; data protection; small businesses; breach notification framework; cybersecurity; MyBizHomepage; cyberattack; Code Spaces; Software as a Service; SaaS; cybercriminals; data security; Great Depression; World War II; Small Business Act of 1953; SBA; Small Business Administration; Privacy Rights Clearinghouse; ChoicePoint; Personally Identifiable Information; PII; consumer credit reporting information; Protected Health Information; PHI; Gramm-Leach-Bliley Act; GLBA; Bank Holding Company Act of 1956; Health Insurance Portability and Accountability Act of 1996; HIPAA; Federal Trade Commission; FTC; Fair Credit Reporting Act; civil penalties; Commonwealth v. Haney; Massachusetts Security Breaches Law; In re Yahoo! Inc. Customer Data Security Breach Litigation; California Customer Records Act; attorney general; Community Bank of Trenton v. Schnuck Markets; In re Target Corp. Customer Data Security Breach Litigation; Personal Data Privacy and Security Act; Personal Data Privacy and Security Act; Department of Homeland Security; National Institute of Standards and Technology (NIST) Small Business Cybersecurity Act; Cybersecurity Enhancement Act of 2014; Small Business Reauthorization Act of 1997; Historically Underutilized Business Zones; HUBZone; European Union; General Data Protection Regulation; GDPR; Privacy by Design; California Consumer Privacy Act; CCPA; liability insurance; burden-shifting (1)
- General Data Protection Regulation; Data Protection; European Union; U.S. Surveillance Practices; National Security Agency; NSA; Small Business; European Data Privacy Law; Transatlantic Data Transfer; Data Protection Authorities (1)
- Open Internet Order; Federal Communication Commission; Net Neutrality; Equal and Open Internet; Throttling Access; Internet; Online; Restoring Internet Freedom Order; Digital Piracy; Copyright Infringement (1)
- Privacy law; Cybersecurity; Hackers; FTC v. Wyndham Worldwide Corp.; Data breaches; Data security procedures; Self-regulatory organizations (SROs); Financial Trade Commission (FTC); Corporate privacy; Cyber Crime; Section 5 of the Federal Trade Commission Act; Deceptive or unfair business practice; Congressional inaction; Key principles of compliance; Best Practices Guidelines; Cyber risk insurance; Commercial general liability (CGL) insurance; First party cyber loss; Third party cyber liability; Technical policies and procedures; Written information security plan (WISP) (1)
Articles 1 - 4 of 4
Full-Text Articles in Communications Law
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …
Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman
Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman
Brooklyn Journal of Corporate, Financial & Commercial Law
The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact, including the …
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …