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- Compliance technology; Corporate culture; Culture of compliance; Federal Sentencing Guidelines; Big data; Compliance monitoring and audits; Employee morale; Values based compliance; Command-and control approaches; Self-regulatory approaches; Financial regulation; Criminalized compliance; Corporate policing; Ethical misconduct (1)
- Cyber-attacks; cyber-crime; information security; cybersecurity; Ponemon Institute; data sharing; data breach; Securities Exchange Commission; SEC; hacking; information technology system; phishing; Department of Justice; DOJ; cybercriminal; malware; spyware; IT; Denial of Service Attacks; DoS; DDoS; Distributed Denial of Service campaign; third-party vendor attack; Dumpster Diving; Economic Espionage; Trade Secret Misappropriation; Office of Compliance Inspections and Examinations; OCIE; Financial Industry Regulatory Authority; FINRA; broker-dealer; Risk Alert; Regulation S-P; Gramm-Leach-Bliley Act; GLBA; Computer Fraud and Abuse Act; CFAA; protected computer; United States v. Valle; Electronic Communications Privacy Act; ECPA; The Wiretap Act; The Stored Communications Act; SCA; The Pen Registry Act; Federal Trade Commission; FTC; Federal Deposit Insurance Corporation; FDIC; Federal Reserve; Economic Espionage Act; EEA; Defend Trade Secrets Act; DTSA; Huawei Technologies Co.; Cybersecurity Disclosure Act of 2017 and 2018; common law; class action; standing; Rule 23(a); 23(b)(3); negligence; breach of contract; derivative shareholder suits; Wyndham Worldwide Corporation; Regulatory Systems Compliance and Integrity; SCI; Regulation S-ID; Regulation S-P; General Disclosure Provisions; 503(c); Regulation S-K; Description of Business; financial statements; Framework for Improving Critical Infrastructure Cybersecurity; compliance; disaster plan; plaintext; ciphertext; crisis management; due diligence; The Protecting Cyber Networks Act; PCNA; National Cybersecurity Protection Advancement Act of 2015; NCPAA; The Cybersecurity Information Sharing Act; CISA; Privacy and Civil Liberties Oversight Board; Department of Homeland Security; DHS; National Cybersecurity and Communications Integration Center; NCIC; U.S. Chamber of Commerce Leadership Council; (1)
- Cybersecurity; Whistleblowers; Internal reporting; Whistleblower protections; Cybersecurity disclosure regulations; Compliance systems; Securities Regulation; Corporate Governance; Retaliation; Dodd-Frank; Corporate compliance culture; Securities and Exchange Commission (SEC) guidelines; White hat hackers/Ethical hackers; Non-binding regulation; Fraud categories; Egan v. TradingScreen (1)
- 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)
- Inc.; Administrative authority; Shareholder protection; Security breach; Materiality; Cyber-risk (1)
Articles 1 - 5 of 5
Full-Text Articles in Computer Law
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness
Brooklyn Journal of Corporate, Financial & Commercial Law
Cyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory …
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 …
The Question Concerning Technology In Compliance, Sean J. Griffith
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
Brooklyn Journal of Corporate, Financial & Commercial Law
In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured for …
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 …