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JDSupra discusses a recent settlement that highlights how the US Department of Justice’s Civil Cyber-Fraud Initiative is being used to hold entities accountable for putting systems and data at risk. The US Department of Justice (DOJ) recently resolved a settlement against Jelly Bean Communications Design LLC concerning a cyberattack targeting a website the design firm had created. The delightfully-named firm designed, hosted, and maintained HealthyKids.org, a federally-funded Florida children’s health insurance website. Under its contract with the Florida Healthy Kids Corporation, Jelly Bean agreed the hosting environment would comply with Health Insurance Portability and Accountability Act rules, which require that the personal health information collected on the site would be properly secured. The False Claims Act settlement agreement not only alleged that Jelly Bean failed to adequately protect the data, but the firm knowingly neglected to maintain, patch, and update software systems supporting the site, leaving the data vulnerable to attack. In fact, the DOJ’s investigation revealed that the site’s software had not been updated since a month after it was created nearly seven years ago.
As we’ve previously discussed, Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the government to conduct warrantless searches of foreigners abroad, is set to expire at the end of the year. Foreign Affairs offers an overview of the debate among US lawmakers and intelligence officials over whether the measure should be renewed, and posits the discussion needs to take a broader look at surveillance as a whole. For the most part, the White House and the intelligence community are in support of 702 being renewed with only minor changes, while other lawmakers say the measure conflicts with Americans Fourth Amendment rights, which protect them from “unreasonable searches and seizures.” It’s worth noting that even if Section 702 is not renewed or is severely limited, it’s likely intelligence officials will find ways to circumvent any new restrictions. For instance, the rise of the data brokerage market has made it easy for governments to acquire any desired data for the right price.
Artificial intelligence is increasingly being used to power military systems and technologies. Earlier this year, Australia, the UK and the US conducted a trial of AI-enabled aerial and ground vehicles used to detect and track targets. China is reportedly already using AI-powered underwater sensors in the South China Sea, and AI has been used in direct conflict in the war in Ukraine. While AI-powered military systems have their benefits, the risks of removing the human element from warfare cannot be overlooked. World governments are grappling with how to minimize these risks without stifling the advantages that autonomous systems can afford. In February the US released a declaration in outlining its vision for responsible use of AI and autonomous systems by the military. However, the vision lacked clear guidelines for regulation of these systems, and some experts say a more comprehensive framework is needed to guide notification procedures when autonomous military systems are involved. Foreign Affairs suggests that world governments should look to the Cold War-era’s U.S.-Soviet Incidents at Sea Agreement, a 1972 accord aimed at lowering the risk of accidents and unintended conflict between military vessels on the high seas by creating notification protocols and information-sharing procedures.
Another Resolution by DOJ Pursuant to its Civil Cyber-Fraud Initiative Highlights Continued Efforts to Hold Companies Accountable for Ensuring Data are Secured (JD Supra) We previously wrote about the United States Department of Justice’s (“DOJ”) Civil Cyber-Fraud Initiative (“CCFI”), which “aims to hold accountable...
Ground Rules for the Age of AI Warfare (Foreign Affairs) How to keep autonomous weapons from stumbling into conflict.
The Coming Fight Over American Surveillance (Foreign Affairs) What’s at stake as Congress considers FISA reform.
Examining the US Data Privacy Landscape in the First Half of 2023 | National Law Journal (National Law Journal) The U.S. is taking a serious step toward a national data privacy standard this year. As businesses navigate new legislation and future compliance obligations, having a strong understanding of the legal landscape around protecting personal data and a willingness to implement a comprehensive data privacy compliance strategy will be crucial.
Gov. DeSantis signs data privacy bill (CBS News) The new law is meant to give people more control over data collected by technology companies
With 'big tech' in DeSantis’ crosshairs, Florida becomes 10th state with data privacy law (Record) The governor, a presidential candidate, touted the law's focus on how large companies collect and use personal data. But privacy experts note that the law doesn't apply to wide swaths of the online economy.
Cyber Command, NSA prepare for a new set of leaders (Axios) The U.S. Cyber Command is set to get a new group of leaders as the threat landscape becomes more complex and difficult to navigate.
Federal Cyber Oversight of Critical Infrastructure is Failing, Report Warns (Wall Street Journal) The system for managing cyber risk among U.S. critical infrastructure sectors is outdated, cumbersome, and risks damaging private-sector cooperation, the successor group to a Congressional commission said in a report released Wednesday.
White House quiet on national cyber director choice, senator says (Axios) The White House has not shared much of anything with lawmakers about who the administration thinks should be the next national cyber director, a top cyber-minded senator told Axios.
