Is Your Company’s Web Site Privacy Policy Compliant With New California Law?

Privacy Law Update: California “Do Not Track” 

Two California laws went into effect at the beginning of the year that  require additional notifications to consumers.  The California Online Privacy Protection Act (“CalOPPA”) requires that web sites, mobile apps and other online services available to California residents (in reality anyone with a web site that may be accessed by a CA resident) post a privacy policy that gives notice to consumers regarding behavioral or interest-based advertising practices (“OBA”).

Disclosures must explain:
1. If a web site operator allows other parties to use tracking technologies in connection with the site or service to collect certain user data over time and across sites and services; and
2. How it responds to browser “do not track” signals or other mechanisms designed to give consumers choice as to the collection of certain of their data over time and across sites and services

In addition, the “California Shine the Light Act” requires that companies (except non-profits and businesses with less than 20 employees) collecting broadly defined personal information from California consumers on or offline either: (a) give consumers a choice as to the sharing of that information with third parties (including affiliates) for direct marketing purposes; or (b) provide notice of, and maintain, a method by which consumers can annually obtain information on the categories of information disclosed the names and addresses of the recipients of that data, and a description of the recipients’ business.

If an e-commerce service offers tangible goods or services, or vouchers for them, to California consumers, it must give certain notices to consumers, including how they can file a complaint with the CA Department of Consumer Affairs.

Are you  concerned about how to disclose how your service responds to “Do Not Track” signals or similar tools and settings, and whether third parties are permitted to collect personally identifiable information about consumer online activities over time and across different websites when a consumer uses that online service? We may be able to help. We can review your policies, your information gathering and sharing practices, and advise on whether there is room for improvement.

Please contact us for a no-fee consultation.

Three Things I Learned About Personal Cybersecurity At RSAConference That You Should Be Doing Right Now

Image representing CloudFlare as depicted in C...

Image via CrunchBase

I just returned from RSAConference 2013 where I had the privilege and honor of giving a presentation of the legal risks caused by social media in the workplace. As a speaker-attendee, I had the priceless benefit of access to all the other speakers and programs held during the conference.

One such program I attended was “We Were Hacked: Here’s What You Should Know”. The speakers, Matthew Prince (@eastdakota) CEO of CloudFlare, and Mat Honan (@mat) writer for Wired Magazine, shared their common experience as targets of high profile hacks. Hearing the details from them first hand, including information from interviews with the hackers themselves, I learned how easy it is to be the victim of hacking and how it’s the little things that create exploitable seams in our information security barriers.

Rather than rewrite their stories, I thought I would share three simple lessons I learned that I’ve already implemented and you should too. Besides, Matt does a better job telling his own story which can be found here.

Here are the three things I learned about how you can protect yourself and others in your organization.

First, security attacks go after the “low hanging fruit” and that often means figuring out a way to exploit your personal email address. With so many web-based services and so much login information to remember, many of us use our personal email as our username for everything from the web sites on which we comment, to our online photo gallery, to our online banking service. Unfortunately, this is probably the address we use for password recovery if we forget. Given that our digital lives are easily mapped, hackers already have one piece of the two-piece login puzzle: they know your user name.

TIP NO. 1: Use a private, obscure email address for your more sensitive information.

Second, once a hacker has accessed your accounts, your computer and your files, the fun has just begun for them. As Matt Honan described, these often adolescent script kiddies simply don’t understand the value of your stored memories and other information. In his case, all the photos of his children were permanently deleted. Regardless of a hacker attack, stuff happens and you don’t want to lose everything because you we’re too lazy to back up.

TIP NO. 2: Back Up your digital life, early and often.

Third, today’s’ Internet is an interdependent ecosystem. Just because you or your organization takes security seriously, doesn’t mean that other do as well. Your internal systems are not enough. Like it or not, the seams of your security perimeter are intertwined and permeated by the services and systems of customers and vendors. For most consumers, the there is a Hobbesian choice of Security v. Convenience. Multiple login usernames and super long passwords are difficult to remember and tedious to use. As a result, most people choose the least secure means of authentication on the assumption that using astringent password is enough. Unfortunately, some people don’t even bothers with that. A recent ZoneAlarm study found that “password” was the fourth most commonly used password by consumers.

Google, Facebook and others have started using two-factor authentication. Two-factor authentication requires that one enter a code after entering the username/password combo. The code is sent via, text message, voice call or email. This greatly reduces the chances of unauthorized access because hackers would need to have your phone, in addition to your username/password combo.

TIP NO. 3: Whenever possible enable two-factor authentication.

Please understand that there is no “magic bullet” when it comes to Cybersecurity. Taking these precautions does not guarantee that you won’t be attached or that your account information won’t be accessed. However, these are important and easy steps that you can take to improve your personal data security.

Please comment and follow!

 

Three Key Factors That Small Business Owners Must Consider To Enhance Their Cybersecurity

Awareness

Awareness (Photo credit: Emilie Ogez)

By now most small business owners are aware that Cybersecurity is an issue. But, how much time and capital should be spent on cybersecurity protection? This article discusses three key factors that should play into that decision.

Factor #1 Awareness.

According to some experts, the biggest problem that small business owners face is simply awareness of the risk. This includes awareness by employees as well.

Most data leaks and other security incidents are caused by employees who are either unaware of security protocols or indifferent to them. Regardless of the level of security in your data center  or the strength of encrypted communications, the weakest link will almost always be the human beings interacting with the network.

To address this risk, small business owners need to focus on training and awareness for employees. However, company management is usually focused on sales and customer service. Further, owners often lack the time and expertise needed to properly assess security risks. Companies in any industry should look to partner with a third-party security firm to asses risks and develop appropriate training.

Factor #2 Employee Training.

Training is the first line of defense against cyber threats. This training needs to include the entire company, and should cover three key areas: (a) proper password management on all company services and devices, including clear procedures for new and departing employees, as well as day-to-day usage; (b) clear guidelines for the sharing of information with remote employees, partners and third parties; and (c) a plan for monitoring usage and privileges to the company’s digital assets.

Employee training needs to account for how the public will access your company’s products or services. For example, what if a hacker got into a system by pretending to be another user? By rolling out new features slowly, its easier to identify and fix security loopholes.

All stakeholders need awareness of: (a) the type of information you’re transmitting (e.g. payment information), (b) the visibility of information you’re transmitting (e.g. highly-publicized public launch vs. a quiet rollout of some new software), and (c) the level of security inherent in the transmission (e.g. encrypted emails and documents shared via a secure server or data shared publicly through public networks and via social media sites.

Factor #3 Vigilance (Monitoring).

For some companies everything is available and accessed online. Since online relationships are built upon trust, it is critical that the company actively monitor the security and transparency of this relationship. Many tools are available to measure and respond to risk factors and gauge likelihood of an impact to help determine the level of investment required. Resources can be assigned to anything with high likelihood and high impact.

For example, monitoring potentially fraudulent user accounts has an immediate commercial benefit as well as reducing risk.

Unfortunately, a common misconception is that putting up basic defenses like firewalls will protect security vulnerabilities. However, after reinforcing your Cybersecurity defense, the focus should shift to monitoring and alerting. In many cases, this may require up-front investments to enable tracking and alerting to irregularities in network and data activity. Fortunately, in the event of a breach or a loss of data, this monitoring information will be the key factor in addressing the problem and pinpointing the issue. Managers, employees and business partners need to understand that Cybersecurity is an ongoing process. Awareness, training and monitoring will go a long way toward enhancing a small business’ Cybersecurity preparedness.

About the Author:

David M. Adler, Esq. is a partner in the Chicago office of Leavens, Strand, Glover & Adler, LLC, a boutique intellectual property and entertainment law firm in Chicago, Illinois whose mission is providing businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in order to drive innovation and increase overall business value. The practice is organized around five major substantive areas of law: Intellectual Property Law, Commercial & Finance Law, Entertainment & Media Law, Corporate Law and Contract Law.

Contact us for a free consultation today. Dadler @ lsglegal (dot) com or (866) 734 2568

Adlerlaw’s International Cyber Security Legal News

Experts: State Needs Long-Term Cyber Security Plan
WLTX.com

By TIM SMITH — The Greenville News. A month after state officials learned of a massive data breach at the Department of Revenue, officials are still discussing what security measures to take to protect all of the state’s computer systems.

How Obama’s reelection may spur work on cybersecurity in the United States
The Next Web (blog)

Now that the President’s electoral and popular vote victories are in the books, their various ramifications are still being felt. One key element of the addition of four more years to the President’s legacy is the issue of cybersecurity.

Israel’s HLS 2012 Event Highlights Cyber Security Innovations
Defense Update

The Cyber Security panel taking place in Tel-Aviv this week at the HLS 2012 event is attracting considerable interest on the backdrop of the recent revelations of massive Iranian cyber attacks crippling the networks of Aramco Oil Company in Saudi Arabia.

Cyber security facility launched
Alpena News
YPSILANTI, Mich. (AP) — Michigan Gov. Rick Snyder has announced the opening of a facility designed to help electronic security professionals detect and prevent cyber threats and attacks.

Evolving Cyber Crooks Waiting For That Click
The Borneo Post
On the final day of the three-day Cyber Security Awareness campaign, Mohd Izuddin bin Hj Md Hussin, Learning Solution Specialist from Tech One Global, who delivered a public talk on ‘Protect your Computer, Your Family and Yourself’ at Times Square.

Is Obama’s Cybersecurity Executive Order Imminent?
Of course, there remains the chance that Congress will pass some version of a cybersecurity bill before the president can issue his edict.

World Information, Data & Cyber Security News & Legal Roundup

German cybersecurity agency prods users to ditch IE

Computerworld – Germany’s cybersecurity agency on Monday urged users to drop Internet Explorer (IE) and switch to a rival, like Chrome or Firefox, until Microsoft patches a new critical bug in its browser.

Democratic senators call for ‘cybersecurity’ executive order
CNET

Senators call for ‘cybersecurity’ executive order. This summer’s partisan sparring that derailed a federal cybersecurity law has resumed, with Democrats proposing an executive order and Republicans saying it would levy “more mandates.”

Cybersecurity scholarships to be offered
UPI.com

“The nation is in dire need of people who are capable of handling the cybersecurity challenges we face,” professor of computing and information sciences Xinming “Simon” Ou said. “We are lagging behind in the number of experts we have versus the threats.

Cybersecurity: Kay Bailey Hutchison condemns Obama’s ‘heavy handed …
Houston Chronicle (blog)

Amid escalating partisan rhetoric over the bipartisan goal of protecting U.S. computer systems from terrorist attacks, Texas Kay Bailey Hutchison criticized President Obama for a “heavy handed, regulatory regime” that would be created.

National Cyber Security Alliance Announces Theme for Data Privacy Day
The Herald | HeraldOnline.com

18, 2012 /PRNewswire-USNewswire/ — The National Cyber Security Alliance (NCSA), a non-profit public-private partnership focused on helping all digital citizens stay safer and more secure online and official coordinator of Data Privacy Day (DPD), today …

When it comes to cybersecurity law, where do we draw the line?
ZDNet

Over the past few years, the Obama administration and Congress have taken a variety of legislative runs at creating comprehensive cybersecurity law. See Also: How cybersecurity is like Star Trek’s transporter.

Cyber security biggest challenge for universal credit, says David Freud
ComputerWeekly.com

Cyber security is the biggest challenge for the government’s universal credit roll-out, welfare reform minister David Freud has told a select committee. Speaking to a select committee, pensions minister Ian Duncan Smith said government had consulted …

NetLib teams with CIS to fight cyber security
Mass High Tech

Neil Weicher wants to win the battle in cyber security. NetLib, a Stamford, Conn.-based provider of encryption software founded by Weicher, has partnered with the Center for Internet Security, a non-profit focused on cyber security readiness.

UK spy agency tests Britons’ cyber skills
Reuters

The Government Communications Headquarters (GCHQ) said those aged 16 or over and not already working in cyber security could apply to test their ability to guard a computer network but only 150 contestants at most would be eventually allowed.

Former FBI Cybersecurity Official Steven Chabinsky Thinks FBI is Doing Great …
ticklethewire.com

The FBI’s former top attorney for cybersecurity, Steven Chabinsky, who stepped down this month, thinks the FBI is doing a great job battling the problem, but told the Washington Post that the “federal government” has taken a “failed approach”.

Cybersecurity, information & Privacy News Roundup

Cybersecurity, and insecurity, vexes nations
Minneapolis Star Tribune

Cybersecurity, the subject of this month’s Minnesota International Center’s “Great Decisions” dialogue, is a hot topic in the Beltway, Silicon Valley and on Wall Street. It’s also an important subject in Foggy Bottom and Turtle Bay.

CIO Magazine Cybersecurity News Roundup: MyAgent Trojan; Virus Infects Saudi Oil Giant

Cybersecurity News Roundup: MyAgent Trojan; Virus Infects Saudi Oil Giant; and Pro-Censorship Hackers. This week’s IT security news roundup features stories on the newly discovered MyAgent Trojan; malware that forced a Saudi Oil Giant to shut down.

What you should know about cybersecurity
Minneapolis Star Tribune

Congress is now in recess. But before its members left town, back on Friday, Aug. 3, they rejected a bipartisan bill that would have established optional “cybersecurity” standards for the computer systems that operate the country’s power grids, dams.

A Cybersecurity Dream Act Alternative
BankInfoSecurity.com (blog)

Will Obama use the Dream Act model of bypassing Congress to advance his cybersecurity agenda? Obama’s counterterrorism adviser John Brennan hints that such an order could come [see Cat Out of Bag on Infosec Regulation?].

Cyber security and disaster planning go hand in hand
Colorado Springs Business Journal

When the Waldo Canyon fire roared closer to Colorado Springs on June 26, Jeff Beauprez, president and CEO of Colorado Networks, started getting frantic phone calls from businesses along the Garden of the Gods Road corridor.

The Battelle CyberAuto Challenge encourages students to pursue cybersecurity.
LiveScience.com

Today’s cars have grown vulnerable to the threat of computer viruses or hackers — security researchers have even shown how to remotely unlock a vehicle or start a car’s engine using simple text messages. But a group of U.S. students who attended the …

Obama may bypass lawmakers with cybersecurity executive order
Leader and Times

Senate Republicans recently blocked cybersecurity legislation, but the issue might be revived by the White House, a federal law enforcement official told the Law Enforcement Examiner on Monday.

Cyber security boot camp to educate potential cyber spooks
ComputerWeekly.com

Stephanie Daman, CEO at the Cyber Security Challenge UK, said the cyber camp concept is something completely new for this year’s Challenge: “It represents a great opportunity for our expert sponsors to work closely with a group of young talent.”

Baltimore-area colleges win $4.7M in cyber security grants
Bizjournals.com

Harford Community College will receive $74000 to put toward its work with the Regional Cybersecurity Education Initiative. HCC, University of Delaware and Delaware Technical and Community College formed the education initiative with industry partners …

Blank Rome Lobbying for Motorola Solutions on Cybersecurity, Tax Reform
The BLT: Blog of Legal Times (blog)

The lobby shop is advocating for the Schaumburg, Ill.-based telecommunications company on “[i]ssues related to public safety/D block spectrum; issues related to cybersecurity; issues related to tax reform legislation,”

Collaborative Cybersecurity: Why the private sector is essential.
By Paul Nicholas – TwC

The official Microsoft Security Blog provides in-depth discussion of security, cybersecurity and technology trends affecting trust in computing, as well as timely security news, trends, and practical security guidance.

The Cybersecurity Blame Game Continues
The stalling, bickering, almost-breakthrough, and eventual demise of cybersecurity legislation in the United States Senate was a sad thing to watch.