Guide Computers and the Law: An Introduction to Basic Legal Principles and Their Application in Cyberspace

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Contents:
  1. Cybersecurity Legislation
  2. Cyber Law - Quick Guide
  3. Cyber Security and Cyber Laws
  4. Cyber Criminology Course Descriptions

ID H Status : Enacted.

IL S Status: Pending Appropriates funding from the General Revenue Fund to the State Board of Elections for grants to county clerks and boards of election commissioners for the funding of election cybersecurity infrastructure for the fiscal year beginning July 1.

IL H Status: Failed - Adjourned Amends the Public Utilities Act, requires public water utilities operating in this State to file annually to the commerce Commission a report analyzing the risk and vulnerability of the State's water supply to cyber attack, specifies the information to be provided in the report, requires the reports to be submitted to the Commission by a specified date of each year, and for the Commission to post the reports on its publicly accessible website, allows the Commission to adopt rules to implement.

IL H Status: Failed - Adjourned Creates the Government Cybersecurity Review Act, creates the Division of Cybersecurity Inspection within the Department of Innovation and Technology, provides that the Division shall review all websites operated by certain State agencies to determine whether cybersecurity flaws and data breach risks exist, provides that, if the Division finds that a flaw or data breach risk exists, the Division may issue an order to the State agency to cease operation of the website until certain requirements are met.

IL H Status: Failed - Adjourned Appropriates funding from the General Revenue Fund to the State Board of Elections for grants to county clerks and boards of election commissioners for the funding of election cyber security infrastructure for the fiscal year beginning July 1, Department of Homeland Security and the Federal Bureau of Investigation dated December 29, and entitled Grizzly Steppe - Russian Malicious Cyber Activity and develop strategies to either implement or reject the report recommendations, makes changes to who is to appoint to Co-Chair of the Task Force and to the membership of the committees.

IL S Status: Failed - Adjourned Amends the Police Training Act, provides that the curriculum for probationary police officers offered by all certified schools shall include courses on cyber crimes and crimes committed with personal technology devices, provides that the Law Enforcement Training Standards Board may conduct or approve a training program in personal technology devices for law enforcement officers of local government agencies, provides that the program shall train law enforcement officers to identify and investigate issues. IL S Status: Failed - Adjourned Appropriates funding from the General Revenue Fund to the State Board of Elections for grants to county clerks and boards of election commissioners for the funding of election cybersecurity infrastructure for the fiscal year beginning July 1, IL S Status: Failed - Adjourned Amends the Criminal Code of , creates the offense of cyber extortion, provides that a person commits cyber extortion when he or she, with the intent to unlawfully extort money, property, or anything of value from another person, knowingly creates, places, or introduces without authorization into a computer, computer system, or computer network computer software that is designed to encrypt, lock, or otherwise restrict access or use in any way by an authorized user of the computer.

Cybersecurity Legislation

IL S Status: Failed - Adjourned Amends the Criminal Code of , creates the offense of cyber terrorism, provides that a person commits the offense when he or she with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government, commits any of the offenses defined in the computer crimes provisions of the Code.

IL S Status: Failed - Adjourned Creates the Consumer Credit Reporting Agency Registration and Cybersecurity Program Act, provides for requirements for consumer credit reporting agency registration, contains provisions regarding grounds for revocation and suspension of a registration, provides that by January 1, , a consumer credit reporting agency must have a cybersecurity program documented in writing and designed to protect the confidentiality, integrity and availability of its information systems.

IN H Status: Failed--adjourned Relates to cybersecurity; establishes the cyber civilian corps and the cyber civilian corps advisory board; requires the cyber civilian corps to provide rapid response assistance, upon request to an Indiana governmental, educational, nonprofit, or business organization, to a cybersecurity incident; places the cyber civilian corps program under the supervision of the Indiana management and performance hub. IN S Status: Enacted. KS H Status: Failed--adjourned. Concerns information systems and communications, creates the representative Jim Morrison cybersecurity act, relates to digital information security for the executive branch agencies, establishes the information security office, establishes the cybersecurity state fund and cybersecurity state grant fund in the state treasury, creates the information technology enterprise, relates to consolidation and transfer of certain executive branch information technology staff, resources, functions and powers.

Makes and concerns appropriations for the fiscal years ending June 30, , June 30, , and June 30, , for state agencies, authorizes certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements, procedures and acts incidental to the foregoing. Makes appropriations for FY through FY for state agencies, authorizes and directs payment of certain claims against the state, authorizes certain transfers, capital improvement projects and fees, imposes certain restrictions and limitations, directs or authorizes certain receipts, disbursements, procedures and acts incidental to the foregoing.

Relates to interstate voter registration crosscheck program, relates to fee, relates to cybersecurity fund. KS S Status: Failed--adjourned. Enacts the Kansas cybersecurity act. KY H Status : Enacted. MA H Status: Failed - Adjourned Relates to legislation to provide procurement preference to vendors that carry cybersecurity insurance. MA H Status: Failed - Adjourned Relates to amending certain statutes pertaining to data security breaches and calling for an investigation by a special commission on cybersecurity to assess the various threats across the Commonwealth.

MA H Status: Failed - Adjourned Establishes a task force to study the need for increased cyber security within government agencies. MA S Status: Failed - Adjourned Relates to forming a special senate committee to review and make recommendations for the state to improve its cyber security readiness, enhance technological responses to homeland security and public safety threats, and further protect financial, medical and other sensitive information. MA S Status: Failed - Adjourned Makes appropriations for the Fiscal Year for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for certain permanent improvements.

MA S Status: Failed - Adjourned Submits the majority report on the Governor's Reorganization Plan Number 2 of , an act to reorganize the information technology function of the Commonwealth and to improve data security, safeguard privacy, and promote better service delivery. MD H Status: Failed Adds certain offenses involving computers to the list of offenses on which a charge of murder in the first degree can be based, prohibits the creation of or unauthorized introduction into a computer, computer system, or computer network software designed to inhibit access or use by an authorized user of a computer, computer system, or computer network for the purpose of extorting money, property, or anything of value from another, establishes a certain penalty, applies the Act prospectively.

MD H Status: Failed-adjourned Requires the State Board of Elections to conduct an annual audit of certain voter registration infrastructure to identify any security vulnerabilities; requires the State Board to mitigate any security vulnerabilities identified in the audit; requires the State Board to upgrade or replace certain voter registration infrastructure at certain times; prohibits a voting machine from being used in an election if more than 10 years have elapsed after the date the voting machine was manufactured. MD H Status: Enacted. MD S Status : Enacted. MD S Status: Failed Adds certain offenses involving computers to the list of offenses on which a charge of murder in the first degree can be based, prohibits the creation of or unauthorized introduction into a computer, computer system, or computer network software designed to inhibit access or use by an authorized user of a computer, computer system, or computer network for the purpose of extorting money, property, or anything of value from another, establishes a certain penalty, applies the Act prospectively.

MD S Status: Failed - Adjourned Requires a unit to require a certain bidder or offeror to submit a certain certification or application before the unit is authorized to award a procurement contract for a certain Internet-connected device, requires a certain bidder or offeror to certify certain information regarding a certain security vulnerability of a certain Internet-connected device, authorizes a certain bidder or offeror to submit a certain application for a waiver from certain certification requirements.

MD S Status: Failed - Adjourned Requires the Executive Director of the Department of Legislative Services to ensure that the responsibilities of the offices of the Department are carried out, alters the offices that comprise the Department, alters certain duties of the Department to review certain reporting requirements, establishes the Office of Operations and Support Services in the Department, provides that the Office of Policy Analysis is not required to prepare an analysis of certain enabling acts under certain circumstances.

MI H Status: Failed - Adjourned Provides for omnibus appropriations for school aid, higher education and community colleges. MI H Status : Enacted. MI H Status: Failed - Adjourned Allows for recovery of certain prosecution costs in crimes using computers or internet.

MI S Status: Failed - Adjourned Provides omnibus appropriations or school aid, higher education and community colleges. MN H Status: Failed--adjourned. Relates to state government, requires monthly reports related to the employee gainsharing system, appropriates money for the legislature, governor's office, state auditor, attorney general, secretary of state, certain agencies, boards, councils, retirement funds, military affairs, and veterans affairs, cancels and reduces of certain appropriations, requires a base budget report, establishing districting principles, establishes the Legislative Budget Office.

Relates to state government, changes provisions governing state government operations and military veterans policy, appropriates money. Relates to state government, establishes a Legislative Commission on Cyber Security, provides legislative appointments.

Relates to state government, establishes a Legislative Commission to Review Consolidation of the State's Information Technology, requires a report. Relates to state government, requires state agencies to dedicate a portion of their information technology expenditures to cyber security enhancements. Relates to education finance; increases districts' safe schools levy authority; authorizes school districts to use safe schools levy proceeds to enhance cybersecurity.

Relates to state government, creates technology and cyber security fund. Relates to education finance; increases the safe schools levy; authorizes the safe schools levy to be spent on cyber security activities; links the portion of the levy available for intermediate school districts to the school district per pupil allowance.

Cyber Law - Quick Guide

Relates to higher education; appropriates money to the Board of Trustees of the Minnesota State Colleges and Universities to fund cyber security programs at Metropolitan State University. Relates to state government, requires certain information and telecommunications technology projects to be developed and completed by contract, establishes regulation relating to information technology and cyber security, revises evaluation procedures, requires a field test prior to a full release or deployment of an information and telecommunications project.

Relates to higher education, provides for the financing of higher education programs, modifies certain higher education policy provisions, clarifies changes to loan forgiveness and research grant programs, modifies the regent candidate selection process. Relates to capital investment, appropriates money for a cybersecurity operations center at Metro State University, authorizes the sale and issuance of state bonds.

Cyber Security and Cyber Laws

Relates to elections, permits eligible individuals who are at least 17 years of age to preregister to vote, provides for automatic voter registration of applicants for a driver's license, instruction permit, or state identification card, requires the secretary of state to provide election security training, appropriates money for the purposes of providing grants for the purchase or lease of electronic rosters, appropriates money for necessary upgrades to the statewide voter registration system.

Relates to state government, appropriates money for certain agencies and reduces appropriations for certain agencies, approves transfers of money from certain accounts, requires enhanced cyber security, establishes principles for districting, establishes the Legislative Budget Office Oversight Commission, establishes provisions for the Legislative Budget Office. MN H Status: Failed Relates to state government, makes policy and technical changes to various agriculture-related provisions including provisions related to agriculture finance, establishes a rural energy feasibility loan program, requires approval of certain proposed rules, authorizes the sale of certain bonds, modifies environmental, natural resource, and game and fish provisions, modifies Water Law, modifies Clean Water Legacy Act, modifies solid waste provisions, requires fencing for abandoned mines.

Relates to education, provides for the financing of early childhood through higher education, includes general education, relates to student and school safety, relates to education excellence, teachers, special education, facilities, technology, and libraries, concerns nutrition. MN H Status: Vetoed Relates to taxation, makes changes to conform with certain federal tax law changes, adopts federal adjusted gross income as the starting point for calculating individual income tax, makes policy and technical changes to various tax related provisions relating to the individual income tax, corporate franchise tax, estate tax, sales and use tax, gross revenues tax, gross receipts tax, property tax, partnership tax, tobacco tax, minerals tax, and other miscellaneous tax provisions.

Relates to state government, makes supplemental appropriations for certain state agencies, changes allocation of rent collected on lease of certain state building spaces, changes provisions governing human burials, remains, and cemeteries. MN S Status: Failed--adjourned Relates to state government; changes provisions governing state government operations and military veterans policy; appropriates money.

MN S Status: Failed--adjourned. MN S Status: Vetoed Appropriates money for agriculture, rural development, housing, state government, public safety, transportation, environment, natural resources, energy, jobs, economic development, higher education, education, health, and human services, establishes the Legislative Budget Office Oversight Commission.

Relates to state government, specifies conditions of legislative ratification of proposed collective bargaining agreements, requires proposed changes to state employee group insurance to be submitted separately to the Legislative Coordinating Commission, requires certain information about collective bargaining agreements and compensation plans be submitted to the Legislative Coordinating Commission. Relates to higher education, appropriates money to the Board of Trustees of the Minnesota State Colleges and Universities to fund cyber security programs at Metropolitan State University.

MO H Status: Enacted. Establishes a joint committee of the general assembly, which shall be known as the "Joint Committee on Disaster Preparedness and Awareness"; requires the committee to make a continuous study and investigation into issues relating to disaster preparedness and awareness including, natural and man-made disasters, state and local preparedness for floods, state and local preparedness for tornadoes, blizzards, and other severe storms, food and energy resiliency and cyber-security. MO H Status: Failed--adjourned. Creates guidelines for reviewing the comprehensive state energy plan.

Modifies provisions for public utilities. MS H Status: Failed Exempts certain information technology records from the State Public Records Act, conforms to the provisions of this act, relates to public records, for the purposes of amendment. MS S Status: Failed Exempts from the public records act certain information technology related information that, if disclosed, could allow unauthorized access to the state's it assets. NE L Status : Enacted Revises provisions of the Credit Report Protection Act and the Financial Data Protection and Consumer Notification of Data Security Breach Act, requires substantially similar types of a security product that provides the same level of protection to a consumer's credit report as that provided under the Credit Report Protection Act, prohibits an agency using a similar type of security product from charging a fee to a consumer, requires maintenance of reasonable security procedures and practices.

NH H Status: Enacted. NJ A Status: Pending Requires certain persons and business entities to maintain comprehensive information security program.


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NJ A Status: Pending Requires state, county, and municipal employees and certain state contractors to complete cybersecurity awareness training. NJ A Status: Pending Requires public institutions of higher education to establish plans concerning cyber security and prevention of cyber attacks. NJ S Status: Pending Requires Economic Development Authority EDA to establish program offering low-interest loan to certain financial institutions and personal data businesses to protect business's information technology system from customer personal information disclosure.

The Five Laws of Cybersecurity - Nick Espinosa - TEDxFondduLac

NJ S Status: Pending Requires certain persons and business entities to maintain a comprehensive information security program. NM S Status: Failed-adjourned Urges the Secretary of State to assure the Legislature and the public that the state's electoral system is protected from foreign computer hackers. NY A Status: Failed - Adjourned Amends the Penal Law, relates to creating the crime of cyber terrorism and calculating damages caused by computer tampering, provides that cyber terrorism shall be a class B felony.

NY A Status: Failed - Adjourned Requires the formation of a cyber security advisory board and the implementation of a cyber security initiative. NY A Status: Failed - Adjourned Requires a comprehensive review of all cyber security services to be performed every five years. NY A Status: Failed - Adjourned Relates to cyber crimes and identity theft, increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes. NY A Status: Failed - Adjourned Enacts the New York Grid Modernization Act to address the aging infrastructure, establishes the grid modernization program, defines terms, creates the smart grid advisory council, makes related changes.

NY A Status: Failed - Adjourned Directs the Division of Homeland Security and Emergency Services to work with other experts who maintain experience and knowledge in the area of cyber security to develop a cyber security action plan for the state, provides for the establishment of cyber security defense units, cyber incident response teams, and cyber education and attack prevention, provides reporting requirements, reimbursement for costs of service, and timing of the cyber security action plan.

NY A Status: Failed - Adjourned Establishes the computer security act, addressing the widespread problem of spyware, makes it illegal for third parties to knowingly and deceptively cause computer software to be copied on to personal computers that changes the computer users settings without permission, prevents users from resetting computers to the original preferences or removing third party software, secretly collects information about internet searches, disables the computer's security software or causes related disruptive activities.

NY A Status: Failed - Adjourned Enacts the Personal Information Protection Act, establishes a personal information bill of rights requiring parties having custody of residents' personal identifying information to ensure the security thereof, provides for the approval of programs to secure personal identifying information by the office of information security, requires the notification of the division of state police and the subjects of information upon the breach of such information. NY A Status: Failed - Adjourned Amends the penal law, relates to establishing the offenses of phishing in the third degree, phishing in the second degree and phishing in the first degree, amends the criminal procedure law, relates to the time in which a prosecution of such offenses must be commenced.

Amends the Insurance Law; clarifies that continuing care retirement communities are not subject to department of financial services cybersecurity regulation.

Cyber Criminology Course Descriptions

NY S Status: Failed - adjourned Requires the formation of a cyber security advisory board and the implementation of a cyber security initiative. NY S Status: Failed - adjourned Requires a comprehensive review of all cyber security services to be performed every five years. NY S Status: Failed - adjourned Relates to offenses involving theft of identity and computer tampering.

NY S Status: Failed - adjourned Relates to cyber crimes and identity theft, repeals certain provisions of the penal law relating to scheme to defraud, includes property that is personal identifying information in in the crime of grand larceny, provides for computer tampering, and denial of service attack on a computer, computer service, program or network, defines the crime of scheming to defraud, provides for the crime of identity theft.

NY S Status: Failed - adjourneding Amends the Tax Law, relates to a business tax credit for purchase of data breach insurance, states, a taxpayer that is a business or owner of a business shall be allowed a credit against the tax imposed by this article equal to twenty-five percent of the premium paid during the taxable year for qualified data breach insurance.