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End User License Agreement
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End User License Agreement
by Jeff Kosseff
Cybersecurity Law
Cover
Title Page
Copyright
Dedication
About the Author
Acknowledgment
About the Companion Website
Introduction
Private Sector Data Security Laws (Chapters 1–4)
Anti-Hacking Laws (Chapter 5)
Public–Private Security Efforts (Chapter 6)
Government Surveillance Laws (Chapter 7)
Cybersecurity Requirements for Government Contractors (Chapter 8)
Privacy Law (Chapter 9)
Chapter 1: Data Security Laws and Enforcement Actions
1.1 FTC Data Security
1.2 State Data Breach Notification Laws
1.3 State Data Security Laws
1.4 State Data Disposal Laws
Chapter 2: Cybersecurity Litigation
2.1 Article III Standing
2.2 Common Causes of Action Arising from Data Breaches
2.3 Class Action Certification in Data Breach Litigation
2.4 Insurance Coverage for Cybersecurity Incidents
2.5 Protecting Cybersecurity Work Product and Communications from Discovery
Chapter 3: Cybersecurity Requirements for Specific Industries
3.1 Financial Institutions: Gramm-Leach-Bliley Act Safeguards Rule
3.2 Financial Institutions and Creditors: Red Flag Rule
3.3 Companies that use Payment and Debit Cards: Payment Card Industry Data Security Standard (PCI DSS)
3.4 Health Providers: Health Insurance Portability and Accountability Act (HIPAA) Security Rule
3.5 Electric Utilities: Federal Energy Regulatory Commission Critical Infrastructure Protection Reliability Standards
3.6 Nuclear Regulatory Commission Cybersecurity Regulations
Chapter 4: Cybersecurity and Corporate Governance
4.1 Securities and Exchange Commission Cybersecurity Expectations for Publicly Traded Companies
4.2 Fiduciary Duty to Shareholders and Derivative Lawsuits Arising from Data Breaches
4.3 Committee on Foreign Investment in the United States and Cybersecurity
4.4 Export Controls and the Wassenaar Arrangement
Chapter 5: Anti-Hacking Laws
5.1 Computer Fraud and Abuse Act
5.2 State Computer Hacking Laws
5.3 Section 1201 of the Digital Millennium Copyright Act
5.4 Economic Espionage Act
Chapter 6: Public–Private Cybersecurity Partnerships
6.1 U.S. Government's Civilian Cybersecurity Organization
6.2 Department of Homeland Security Information Sharing under the Cybersecurity Act of 2015
6.3 Energy Department's Cyber-Threat Information Sharing
6.4 Critical Infrastructure Executive Order and the National Institute of Standards and Technology's Cybersecurity Framework
6.5 U.S. Military Involvement in Cybersecurity and the Posse Comitatus Act
Chapter 7: Surveillance and Cyber
7.1 Fourth Amendment
7.2 Electronic Communications Privacy Act
7.3 Communications Assistance for Law Enforcement Act (CALEA)
7.4 Encryption and the All Writs Act
Chapter 8: Cybersecurity and Federal Government Contractors
8.1 Federal Information Security Management Act
8.2 NIST Information Security Controls for Government Agencies and Contractors
8.3 Classified Information Cybersecurity
8.4 Covered Defense Information and Controlled Unclassified Information
Chapter 9: Privacy Laws
9.1 Section 5 of the FTC Act and Privacy
9.2 Health Insurance Portability and Accountability Act
9.3 Gramm-Leach-Bliley Act and California Financial Information Privacy Act
9.4 CAN-SPAM Act
9.5 Video Privacy Protection Act
9.6 Children's Online Privacy Protection Act
9.7 California Online Privacy Laws
9.8 Illinois Biometric Information Privacy Act
Chapter 10: International Cybersecurity Law
10.1 European Union
10.2 Canada
10.3 China
10.4 Mexico
10.5 Japan
Appendix A: Text of Section 5 of the FTC Act
Text of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45
Appendix B: Summary of State Data Breach Notification Laws
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Virginia
Washington State
West Virginia
Wisconsin
Wyoming
Appendix C: Text of Section 1201 of the Digital Millennium Copyright Act
U.S.C. § 1201
Appendix D: Text of the Computer Fraud and Abuse Act
Text of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030
Appendix E: Text of the Electronic Communications Privacy Act
§2510. Definitions
§2511. Interception and disclosure of wire, oral, or electronic communications prohibited
§2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
§2513. Confiscation of wire, oral, or electronic communication intercepting devices
§2514. Repealed
§2515. Prohibition of use as evidence of intercepted wire or oral communications
§2516. Authorization for interception of wire, oral, or electronic communications
§2517. Authorization for disclosure and use of intercepted wire, oral, or electronic communications
§2518. Procedure for interception of wire, oral, or electronic communications
§2519. Reports concerning intercepted wire, oral, or electronic communications
§2520. Recovery of civil damages authorized
§2521. Injunction against illegal interception
§2522. Enforcement of the Communications Assistance for Law Enforcement Act
§2701. Unlawful access to stored communications
§2702. Voluntary disclosure of customer communications or records
2703. Required disclosure of customer communications or records
§2704. Backup preservation
§2705. Delayed notice
§2706. Cost reimbursement
§2707. Civil action
§2708. Exclusivity of remedies
§2709. Counterintelligence access to telephone toll and transactional records
§2711. Definitions for chapter
§2712. Civil actions against the United States
§3121. General prohibition on pen register and trap and trace device use; exception
§3122. Application for an order for a pen register or a trap and trace device
§3123. Issuance of an order for a pen register or a trap and trace device
§3124. Assistance in installation and use of a pen register or a trap and trace device
§3125. Emergency pen register and trap and trace device installation
§3126. Reports concerning pen registers and trap and trace devices
§3127. Definitions for chapter
Index
End User License Agreement
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