-----Original Message-----
From: Stephen Anspach <sanspach@xxxxxxxxx>
Date: Fri, 05 Mar 2004 11:01:11
To:dave@xxxxxxxxxx
Subject: Re: [IP] Firms Look to Limit Liability for Online Security Breaches
dave -
i recently gave a talk to the beverly hills bar association on SB1386
(California Civil Code sec. 1798.82), which is california's data
privacy law referred to in the WP article ("...considering a federal
equivalent of a California law that requires companies to disclose
breaches of unencrypted data"). the topic of the discussion was what
businesses should do to comply with the law, implementation of
solutions, and the best legal advice that can be given to clients.
i'd suggest that anybody interested in seeing how federal legislation
may proceed examine California Civil Code sec. 1798.82
(http://tinyurl.com/3drlz) carefully, as the federal law may be closely
modeled upon it. while the intention and proactive effort of the
SB1386 authors should be applauded, there are some complications with
the statute as it currently stands (e.g. lack of definition of an
*acceptable* level of encryption) and some items that may present
difficulties in compliance ("substitute notice" could be particularly
onerous if one does not have proper contact information for the
individuals in their database, etc).
- stephen
On Mar 5, 2004, at 6:28 AM, Dave Farber wrote:
>
> -----Original Message-----
> From: Tim Finin <finin@xxxxxxxxxxx>
> Date: Fri, 05 Mar 2004 08:23:43
> To:dave@xxxxxxxxxx
> Subject: Firms Look to Limit Liability for Online Security Breaches
>
> Today's Washington Post has a long article on the trend
> for companies to try to limit liability for security
> failures.
> [snip]
>
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