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<b>Online Exclusive:</b> GAO Report Finds Gaps, Loopholes in Federal Data Collection Laws
A new report by the Government Accountability Office ('GAO') finds that Congress can significantly strengthen federal privacy laws by requiring data collection and reseller firms to improve their privacy safeguards and by enhancing the authority of the Federal Trade Commission ('FTC') to issue civil penalties for violations of current federal privacy laws.
The report, 'Information Security: Key Federal Privacy Laws Do Not Require Information Resellers to Safeguard All Data,' can be read at www.gao.gov/new.items/d06674.pdf.
GAO found widespread uses for individuals' information that is collected by companies such as LexisNexis and Experien. Banks, insurers, credit card companies, and other financial institutions use the information to check creditworthiness by credit seekers, to ensure their own compliance with the PATRIOT Act's money-laundering and citizenship provisions, and to develop targeted marketing programs.
However, the two primary federal laws that affect financial institutions ' the Gramm-Leach-Bliley Act ('GLBA') and the Federal Credit Reporting Act ('FCRA') ' do not cover all institutions, nor all types of privacy situations. GAO called the laws' applicability 'limited.'
Thus, GAO suggests that Congress step in and give the FTC, which has primary enforcement authority, greater powers. It also suggests that the insurance industry receive extra attention from state regulators, because the gaps under GLBA are more significant.
A new report by the Government Accountability Office ('GAO') finds that Congress can significantly strengthen federal privacy laws by requiring data collection and reseller firms to improve their privacy safeguards and by enhancing the authority of the Federal Trade Commission ('FTC') to issue civil penalties for violations of current federal privacy laws.
The report, 'Information Security: Key Federal Privacy Laws Do Not Require Information Resellers to Safeguard All Data,' can be read at www.gao.gov/new.items/d06674.pdf.
GAO found widespread uses for individuals' information that is collected by companies such as
However, the two primary federal laws that affect financial institutions ' the Gramm-Leach-Bliley Act ('GLBA') and the Federal Credit Reporting Act ('FCRA') ' do not cover all institutions, nor all types of privacy situations. GAO called the laws' applicability 'limited.'
Thus, GAO suggests that Congress step in and give the FTC, which has primary enforcement authority, greater powers. It also suggests that the insurance industry receive extra attention from state regulators, because the gaps under GLBA are more significant.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?