Cybersecurity Is The Next Frontier Of State Regulation

By David Forscey, National Governors Association, and Steven Cash and Benjamin Nissim, Day Pitney LLP ( May 11, 2017, 1:26 PM EDT) -- Cybersecurity risk pervades all sectors of the economy. Federal regulators have sought to address this risk through guidance, rulemakings and enforcement actions across multiple industries. A series of widely publicized data breaches, the Trump administration's ongoing regulatory review, and an impending executive order on cybersecurity have redirected a spotlight on the merits, disadvantages and pitfalls of regulation in this field. State legislatures and regulators have also moved in this area. In some instances, state rules apply to specific sectors; the New York Department of Financial Services' (DFS) recently issued regulations targeting the financial and insurance industries.[1] More than a dozen other states have enacted cybersecurity requirements that sweep far broader, in some cases touching millions of individuals and businesses....

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