Tag: Cyber Security

Public Urged to Use Encryption for Mobile Phone Messaging and Calls

On December 4, 2024, four of the five members of the Five Eyes intelligence-sharing group (the United States, Australia, Canada, and New Zealand) law enforcement and cyber security agencies (Agencies) published a joint guide for network engineers, defenders of communications infrastructure and organizations with on-premises enterprise equipment (the Guide). The Agencies strongly encourage applying the Guide’s best practices to strengthen visibility and strengthen network devices against exploitation by reported hackers, including those hackers affiliated with the People’s Republic of China (PRC). The fifth group member, the United Kingdom, released a statement supportive of the joint guide but stated it had alternate methods of mitigating cyber risks for its telecom providers.

In November 2024, the Federal Bureau of Investigation (FBI) and the U.S. Cybersecurity and Infrastructure Security Agency (CISA) issued a joint statement to update the public on its investigation into the previously reported PRC-affiliated hacks on multiple telecommunications companies’ networks. The FBI and CISA reported that these hacks appeared to focus on cell phone activity of individuals involved in political or government activity and copies of law enforcement informational requests subject to court orders. However, at the time of the update, these U.S. agencies and members of Congress have underscored the broad and significant nature of this breach. At least one elected official stated that the hacks potentially expose unencrypted cell phone conversations with someone in America to the hackers.

In particular, the Guide recommends adopting actions that quickly identify anomalous behavior, vulnerabilities, and threats and respond to a cyber incident. It also guides telecoms and businesses to reduce existing vulnerabilities, improve secure configuration habits, and limit potential entry points. One of the Guide’s recommended best practices attracting media attention is ensuring that mobile phone messaging and call traffic is fully end-to-end encrypted to the maximum extent possible. Without fully end-to-end encrypted messaging and calls, the content of calls and messages always has the potential to be intercepted. Android to Android messaging and iPhone to iPhone messaging is fully end-to-end encrypted but messaging from an Android to an iPhone is not currently end-to-end encrypted. Google and Apple recommend using a fully encrypted messaging app to better protect the content of messages from hackers.

The FBI and CISA are continuing to investigate the hacks and will update the public as the investigation permits. In the interim, telecom providers and companies are encouraged to adopt the Guide’s best practices and to report any suspicious activity to their local FBI field office or the FBI’s Internet Crime Complaint Center. Cyber incidents may also be reported to CISA.

Copyright © 2024 Robinson & Cole LLP. All rights reserved.
For more on Mobile Phones, visit the NLR Communications Media Internet section

Exploring the Future of Information Governance: Key Predictions for 2024

Information governance has evolved rapidly, with technology driving the pace of change. Looking ahead to 2024, we anticipate technology playing an even larger role in data management and protection. In this blog post, we’ll delve into the key predictions for information governance in 2024 and how they’ll impact businesses of all sizes.

  1. Embracing AI and Automation: Artificial intelligence and automation are revolutionizing industries, bringing about significant changes in information governance practices. Over the next few years, it is anticipated that an increasing number of companies will harness the power of AI and automation to drive efficient data analysis, classification, and management. This transformative approach will not only enhance risk identification and compliance but also streamline workflows and alleviate administrative burdens, leading to improved overall operational efficiency and effectiveness. As organizations adapt and embrace these technological advancements, they will be better equipped to navigate the evolving landscape of data governance and stay ahead in an increasingly competitive business environment.
  2. Prioritizing Data Privacy and Security: In recent years, data breaches and cyber-attacks have significantly increased concerns regarding the usage and protection of personal data. As we look ahead to 2024, the importance of data privacy and security will be paramount. This heightened emphasis is driven by regulatory measures such as the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR). These regulations necessitate that businesses take proactive measures to protect sensitive data and provide transparency in their data practices. By doing so, businesses can instill trust in their customers and ensure the responsible handling of personal information.
  3. Fostering Collaboration Across Departments: In today’s rapidly evolving digital landscape, information governance has become a collective responsibility. Looking ahead to 2024, we can anticipate a significant shift towards closer collaboration between the legal, compliance, risk management, and IT departments. This collaborative effort aims to ensure comprehensive data management and robust protection practices across the entire organization. By adopting a holistic approach and providing cross-functional training, companies can empower their workforce to navigate the complexities of information governance with confidence, enabling them to make informed decisions and mitigate potential risks effectively. Embracing this collaborative mindset will be crucial for organizations to adapt and thrive in an increasingly data-driven world.
  4. Exploring Blockchain Technology: Blockchain technology, with its decentralized and immutable nature, has the tremendous potential to revolutionize information governance across industries. By 2024, as businesses continue to recognize the benefits, we can expect a significant increase in the adoption of blockchain for secure and transparent transaction ledgers. This transformative technology not only enhances data integrity but also mitigates the risks of tampering, ensuring trust and accountability in the digital age. With its ability to provide a robust and reliable framework for data management, blockchain is poised to reshape the way we handle and secure information, paving the way for a more efficient and trustworthy future.
  5. Prioritizing Data Ethics: As data-driven decision-making becomes increasingly crucial in the business landscape, the importance of ethical data usage cannot be overstated. In the year 2024, businesses will place even greater emphasis on data ethics, recognizing the need to establish clear guidelines and protocols to navigate potential ethical dilemmas that may arise. To ensure responsible and ethical data practices, organizations will invest in enhancing data literacy among their workforce, prioritizing education and training initiatives. Additionally, there will be a growing focus on transparency in data collection and usage, with businesses striving to build trust and maintain the privacy of individuals while harnessing the power of data for informed decision-making.

The future of information governance will be shaped by technology, regulations, and ethical considerations. Businesses that adapt to these changes will thrive in a data-driven world. By investing in AI and automation, prioritizing data privacy and security, fostering collaboration, exploring blockchain technology, and upholding data ethics, companies can prepare for the challenges and opportunities of 2024 and beyond.

Jim Merrifield, Robinson+Cole’s Director of Information Governance & Business Intake, contributed to this report.

Copyright © 2023 Robinson & Cole LLP. All rights reserved.
For more on Information Governance, visit the NLR Communications, Media & Internet section.

Federal Regulators Issue New Cyber Incident Reporting Rule for Banks

On November 18, 2021, the Federal Reserve, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency issued a new rule regarding cyber incident reporting obligations for U.S. banks and service providers.

The final rule requires a banking organization to notify its primary federal regulator “as soon as possible and no later than 36 hours after the banking organization determines that a notification incident has occurred.” The rule defines a “notification incident” as a “computer-security incident that has materially disrupted or degraded, or is reasonably likely to materially disrupt or degrade, a banking organization’s—

  1. Ability to carry out banking operations, activities, or processes, or deliver banking products and services to a material portion of its customer base, in the ordinary course of business;
  2. Business line(s), including associated operations, services, functions, and support, that upon failure would result in a material loss of revenue, profit, or franchise value; or
  3. Operations, including associated services, functions and support, as applicable, the failure or discontinuance of which would pose a threat to the financial stability of the United States.”

Under the rule, a “computer-security incident” is “an occurrence that results in actual harm to the confidentiality, integrity, or availability of an information system or the information that the system processes, stores, or transmits.”

Separately, the rule requires a bank service provider to notify each affected banking organization “as soon as possible when the bank service provider determines it has experienced a computer-security incident that has materially disrupted or degraded or is reasonably likely to materially disrupt or degrade, covered services provided to such banking organization for four or more hours.” For purposes of the rule, a bank service provider is one that performs “covered services” (i.e., services subject to the Bank Service Company Act (12 U.S.C. 1861–1867)).

In response to comments received on the agencies’ December 2020 proposed rule, the new rule reflects changes to key definitions and notification provisions applicable to both banks and bank service providers. These changes include, among others, narrowing the definition of a “computer security incident,” replacing the “good faith belief” notification standard for banks with a determination standard, and adding a definition of “covered services” to the bank service provider provisions. With these revisions, the agencies intend to resolve some of the ambiguities in the proposed rule and address commenters’ concerns that the rule would create an undue regulatory burden.

The final rule becomes effective April 1, 2022, and compliance is required by May 1, 2022. The regulators hope this new rule will “help promote early awareness of emerging threats to banking organizations and the broader financial system,” as well as “help the agencies react to these threats before they become systemic.”

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.
For more articles on banking regulations, visit the NLR Financial Securities & Banking section.

Can They Really Do That?

Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), Customs & Border Protection (CBP), Index, and National File Tracking System of Records, implemented new or modified uses of information maintained on individuals as they pass through the immigration process.

The new regulation updates the categories of individuals covered, to include: individuals acting as legal guardians or designated representatives in immigration proceedings involving an individual who is physically or developmentally disabled or severely mentally impaired (when authorized); Civil Surgeons who conduct and certify medical examinations for immigration benefits; law enforcement officers who certify a benefit requestor’s cooperation in the investigation or prosecution of a criminal activity; and interpreters.

It also expands the categories of records to include: country of nationality; country of residence; the USCIS Online Account Number; social media handles, aliases, associated identifiable information, and search results; and EOIR and BIA proceedings information.

The new regulation also includes updated record source categories to include: publicly available information obtained from the internet; public records; public institutions; interviewees; commercial data providers; and information With this latest expansion of data allowed to be collected, it begs the question: How does one protect sensitive data housed on electronic devices? In addition to inspecting all persons, baggage and merchandise at a port-of-entry, CBP does indeed have the authority to search electronic devices too. CBP’s stance is that consent is not required for such a search. This position is supported by the U.S. Supreme Court, which has determined that such border searches constitute reasonable searches; and therefore, do not run afoul of the Fourth Amendment.

Despite this broad license afforded CBP at the port-of-entry, CBP’s authority is checked somewhat in that such searches do not include information located solely in the cloud. Information subject to search must be physically stored on the device in order to be accessible at the port-of-entry. Additionally, examination of attorney-client privileged communications contained on electronic devices first requires CBP’s consultation with Associate/Assistant Chief Counsel of the U.S. Attorney’s Office.

So what may one do to prevent seizure of an electronic device or avoid disclosure of confidential data to CBP during a border search? The New York and Canadian Bar Associations have compiled the following recommendations:

  • Consider carrying a temporary or travel laptop cleansed of sensitive local documents and information. Access data through a VPN connection or cloud-based warehousing.
  • Consider carrying temporary mobile devices stripped of contacts and other confidential information. Have calls forwarded from your office number to the unpublished mobile number when traveling.

  • Back up data and shut down your electronic device well before reaching the inspection area to eliminate access to Random Access Memory.

  • Use an alternate account to hold sensitive information. Apply strong encryption and complex passwords.

  • Partition and encrypt the hard drive.

  • Protect the data port.
  • Clean your electronic device(s) following return.

  • Wipe smartphones remotely.

This post was written by Jennifer Cory of Womble Bond Dickinson (US) LLP All Rights Reserved.,Copyright © 2017
For more Immigration legal analysis, go to The National Law Review

Equifax Breach Affects 143M: If GDPR Were in Effect, What Would Be the Impact?

The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian residents had been compromised. By exploiting a website application vulnerability, hackers gained access to certain information such as names, Social Security numbers, birth dates, addresses, and in some instances, driver’s license numbers and credit card numbers. While this latest breach will force consumers to remain vigilant about monitoring unauthorized use of personal information and cause companies to revisit security practices and protocols, had this event occurred under the Global Data Protection Regulation (GDPR) (set to take effect May 25, 2018), the implications would be significant. This security event should serve as a sobering wake up call to multinational organizations and any other organization collecting, processing, storing, or transmitting personal data of EU citizens of the protocols they must have in place to respond to security breaches under GDPR requirements.

Data Breach Notification Obligations

Notification obligations for security breaches that affect U.S. residents are governed by a patchwork set of state laws. The timing of the notification varies from state to state with some requiring that notification be made in the “most expeditious time possible,” while others set forth a specific timeframe such as within 30, 45, or 60 days. The United States does not currently have a federal law setting forth notification requirements, although one was proposed by the government in 2015 setting a 30-day deadline, but the law never received any support.

While the majority of the affected individuals appear to be U.S. residents, Equifax stated that some Canadian and UK residents were also affected. Given Equifax’s statement, the notification obligations under GDPR would apply, even post-Brexit, as evidenced by a recent statement of intent maintaining that the United Kingdom will adopt the GDPR once it leaves the EU. Under the GDPR, in the event of a personal data breach, data controllers must notify the supervisory authority “without undue delay and, where feasible, not later than 72 hours after having become aware of it.” If notification is not made within 72 hours, the controller must provide a “reasoned justification” for the delay. A notification to the authority must at least: 1) describe the nature of the personal data breach, including the number and categories of data subject and personal data records affected, 2) provide the data protection officer’s contact information, 3) describe the likely consequences of the personal data breach, and 4) describe how the controller proposes to address the breach, including any mitigation efforts. If it is not possible to provide the information at the same time, the information may be provided in phases “without undue further delay.”

According to Equifax’s notification to individuals, it learned of the event on July 29, 2017. If GDPR were in effect, notification would have been required much earlier than September 7, 2017. Non-compliance with the notification requirements could lead to an administrative fine of up to 10 million Euros or up to two percent of the total worldwide annual turnover.

Preparing for Breach Obligations Under GDPR

With a security breach of this magnitude, it is easy to imagine the difficulties organizations will face in mobilizing an incident response plan in time to meet the 72-hour notice under GDPR. However, there are still nearly eight months until GDPR goes into effect on May 25, 2018. Now is a good time for organizations to implement, test, retest, and validate the policies and procedures they have in place for incident response and ensure that employees are aware of their roles and responsibilities in the event of a breach. Organizations should consider all of the following in crafting a GDPR incident response readiness plan:

plan, GDPR, incident response

This post was written by Julia K. Kadish and Aaron K. Tantleff of Foley & Lardner LLP © 2017
For more legal analysis got to The National Law Review