NIST Cybersecurity Guidance for Small Business Likely Forthcoming

The US House of Representatives has passed legislation similar to that recently passed by the Senate that would require the National Institute of Standards and Technology (NIST) to produce cybersecurity guidance that will be aimed at helping small businesses. The NIST Small Business Cybersecurity Act of 2017 would include NIST’s creating guidelines, tools, and best [...]

Hacking Into A Company You Sold Can Get You Jail Time

A federal judge sentenced David Kent to a year and a day in prison and ordered him to pay $3.3 million in restitution and pay a $20,000 fine for accessing the computer network of, an industry-specific networking website. Kent founded, sold it for $51 million, and after the sale accessed the company's network to obtain [...]

Checklist: Managing Third-Party Risk in #Cybersecurity

If I timed this right, when this post publishes, I will be about to present at the ISACA CSX 2017 North America Cybersecurity Nexus Conference in Washington, DC. My talk is titled Legal Issues Associated with Third-Party Risk. I am publishing this post with the #CSXNA and #CyberAware hashtags in the title so that conference attendees can [...]

How Cybersecurity is Impacting People’s Rights (Regent University Symposium)

On September 30, 2017, I am speaking at the Regent University School of Law's Law Review Symposium on The Expansion of Technology in the 21st Century: How the Changes in Technology are Shaping the Law and the Legal Profession in America. At the end of this post, I have provided links to additional publications I [...]

Why do data breach disclosures often take too long? Let’s ask the SEC Chairman.

In the wake of the Equifax and Securities and Exchange Commission's data breach disclosures, there has been a lot of public outcry over the assertion that it took too long to disclose these data breaches to the public. "Too long" is a relative term, to start with, as I have little doubt that some people will [...]