Category Archives: Cyber policy

New Duties for Lawyers? The ABA Weighs In on Cybersecurity.

Recently, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 477, which aims to provide guidance and clarity to lawyers as they consider what level of security to give communications with clients.  (I was recently interviewed by Massachusetts Lawyers Weekly on this topic, and you can read the full article here; please note that the article is behind a paywall.)

The bottom line?  … More

Data Security Under Commissioner Ohlhausen: What You Need to Know

The Federal Trade Commission (FTC) has been a critically important regulator of cybersecurity practices in the US, using its authority under Section 5 of the FTC Act to bring enforcement actions against companies for failing to protect their consumers’ private data. This past January, Trump appointed Republican Maureen Ohlhausen as the Commission’s new acting chairwoman. Here’s what you need to know about her approach to data security.… More

HHS to Launch Cybersecurity Center

The Department of Health and Human Services (HHS) will soon launch a healthcare focused cybersecurity initiative modeled on the Homeland Security Department’s National Cybersecurity and Communications Integration Center (NCCIC).  Christopher Wlaschin, Chief Information Security Officer at HHS, announced this development at the 2017 ACT-IAC Health IT-Mobile Forum on April 20.  According to Wlaschin, the new center, to be called the Health Cybersecurity and Communications Integration Center (HCCIC) would seek to reduce the extensive “noise” in the health care industry about cyber threats and to analyze and “deliver best practices and the two or three things that a small provider,… More

CyberOhio Initiative – An Update from the Ohio AGO

We recently posted on the Ohio Attorney General’s CyberOhio initiative and forecasted that the Ohio Attorney General might be the first of many Attorneys General to join forces with industry in the struggle to protect consumer information.  Ohio Deputy General Counsel Craig Rapp, Director of CyberOhio, contacted our blog not only to agree with our prediction, but also to shed more light on what is transpiring in his state. … More

Is Computer Security Broken?

The Economist certainly thinks computer security is broken (and it’s hard to argue the contrary).  In its April 8 edition, The Economist’s cover story proclaims, “Why computers will never be safe.”  While that’s good news for some of us (at least in the short run), for most of us it’s a daunting proposition.  So how to address the problem?  Do we need more regulation, as The Economist suggests? … More

Trump Meets Xi: Will They Talk Cybersecurity?

President Trump has repeatedly claimed that his predecessor was weak on China. But at least with respect to cybersecurity, the facts don’t support that charge. In 2015, “following all-night negotiations,” Robert Silvers writes, the United States convinced China to sign on to a joint commitment against “cyber enabled theft of intellectual property.” Ever since, China’s hacking of U.S. companies has dropped off dramatically. Next month,… More