Winter Road Construction SignsYou may have a top-notch security incident response plan and a crack team for data breach response…but have you checked to be sure that your company’s HR policies are on the same team with you? Personnel Management is one of the most important—yet often overlooked—of the 10 activity channels for effective data breach response. In the crunch of handling an actual data security incident, your company’s HR policies will either pave or block the road to a nimble, successful response.

Of course, various policies are important for prevention of data security breaches, including policies for such matters as authorized computer systems, e-communications, and Internet use; authorized data and system access; strong passwords; use of encryption and encryption keys; mobile device safeguards; precluding or limiting storage of company data on home or other personal devices; and the like. But other policy provisions are essential for effective security breach response:
Continue Reading Your HR policies should help, not hinder, data breach response

Sharing informationThe Cybersecurity Act of 2015, signed into law on Dec. 18, has four titles that address longstanding concerns about cybersecurity in the United States, such as cybersecurity workforce shortages, infrastructure security, and gaps in business knowledge related to cybersecurity. This post distills the risks and highlights the benefits for private entities that may seek to take advantage of Title I of the Cybersecurity Act of 2015 – the Cybersecurity Information Sharing Act of 2015 (“CISA”).

It’s been clear for many years that greater information-sharing between companies and with the government would help fight cyber threats. The barriers to such sharing have been (1) liability exposure for companies that collect and share such information, which can include personally identifiable information, and (2) institutional and educational impediments to analyzing and sharing information effectively.

CISA is designed to remove both of these information-sharing barriers. First, CISA provides immunity to companies that share “cyber threat indicators and defensive measures” with the federal government in a CISA-authorized manner. Second, CISA authorizes, for a “cybersecurity purpose,” both use and sharing of defensive measures and monitoring of information systems. CISA also mandates that federal agencies establish privacy protections for shared information and publish procedures and guidelines to help companies identify and share cyber threat information. Notably, companies are not required to share information in order to receive information on “threat indicators and defensive measures,” nor are entities required to act upon information received – but this won’t shield companies from ordinary ‘failure to act’ negligence claims.
Continue Reading What’s new with the Cybersecurity Information Sharing Act?

The Eiffel Tower and the Statue of LibertyOnly minutes passed between first learning of the Paris attacks and confirming that our son, studying abroad in France, was safe. But it seemed to last a lifetime. My wife and I were with him in Paris just two weeks earlier, strolling happily a few blocks from where slaughter would soon visit the Bataclan Concert Hall and La Belle Equipe. Then, like a sick, twisted Groundhog Day, it felt like 9/11 all over again.

The Paris terrorism has rekindled an ongoing debate over government surveillance power, personal privacy, and cybersecurity. In this crucial, consequential debate, it behooves us to remember that terrorism’s goal is to trigger emotional, extreme reaction, and that perspective and balance are the antitheses of violent radicalism.
Continue Reading Paris: privacy & cybersecurity déjà-vu