ZOverLord
Premium
join:2003-10-20
Minneapolis, MN
2 edits | Congress is trying to Amend The Fair Credit Act!
This would NOT allow your state to have any rules on this, Wait till you see how "Data Breach" is defined! as well as weakly defining what is "RISK" and what damages "If Any!" you might be entitled to:
From: »www.congress.gov/cgi-bin/query/z···.R.3997:
Some Examples, Quotes:
"`(l) Relation to State Laws- No requirement or prohibition may be imposed under the laws of any State with respect to the responsibilities of any person--"
"`(1) BREACH OF DATA SECURITY- The term `breach of data security' means, with respect to sensitive financial personal information that is maintained, serviced, or communicated by or on behalf of any consumer reporter--
`(A) an unauthorized acquisition of such information that could be used to commit financial fraud (such as identity theft or fraudulent transactions made on financial accounts); or
`(B) an unusual pattern of use of such information indicative of financial fraud."
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So losing the data is not a BREACH, it must be proved to be ACQUIRED?
Many state laws currently allow you to Freeze your credit report, this would be a thing of the past now!
More Detail:
»www.congress.gov/cgi-bin/bdquery···.R.3997:
Thoughts?
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Black, Grey and White Hats Unite here -> »testing.OnlyTheRightAnswers.com |
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dave
Premium,MVM
join:2000-05-04
not in ohio | Thoughts? There are evil bastards in the government these days. They seem to have forgotten the 'of the people, by the people, for the people' part. |
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goalieskates
join:2004-09-12
Knoxville, TN | reply to ZOverLord
Thoughts? I don't think they allow my thoughts on this on here, too profane. Suffice it to say, "fair" has been newly defined (and it's not). |
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hpguru
Curb Your Dogma
Premium
join:2002-04-12 | reply to ZOverLord
You have nothing to fear if your aren't doing anything wrong. (waves flag)  |
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SUMware
Premium
join:2002-05-21 | The Bush Administration is a fascist government.
Veterans For Peace
Old American Century |
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Martinus
Premium
join:2001-08-06
EU
| reply to dave
said by dave  :Thoughts? There are evil bastards in the government these days. Whoa! Now you are generalising.
Bush, Rumsfeld and that other distinguished gentleman who shot his friend are supposed to be good guys.
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From the GSV "Ethics Gradient" |
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Red_Menace
join:2001-11-03
Littleton, CO | reply to ZOverLord
That "Relation to State Laws" bit is unconstitutional - do any of those guys know what they are doing anymore? |
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Jackie_Chan
join:2003-01-05 | cant wait for the second revolutionary war... |
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SUMware
Premium
join:2002-05-21
| reply to Red_Menace
said by Red_Menace :That "Relation to State Laws" bit is unconstitutional - do any of those guys know what they are doing anymore? They understand completely what they are attempting to do. |
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Gem
Premium
join:2005-09-10
 ·CableOne
| said by SUMware :said by Red_Menace :That "Relation to State Laws" bit is unconstitutional - do any of those guys know what they are doing anymore? They understand completely what they are attempting to do. Yes, they do, don't they. They are very clever.
The unfortunate thing is that they are so very good at doing bad. |
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jbob
Reach Out and Touch Someone
Premium
join:2004-04-26
Little Rock, AR
·Comcast
 ·AT&T Southwest
| said by Gem :said by SUMware :said by Red_Menace :That "Relation to State Laws" bit is unconstitutional - do any of those guys know what they are doing anymore? They understand completely what they are attempting to do. Yes, they do, don't they. They are very clever. The unfortunate thing is that they are so very good at doing bad. Actually WE the voters are so very good, or NOT, at what we do. |
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Gem
Premium
join:2005-09-10
·CableOne
| said by jbob :Actually WE the voters are so very good, or NOT, at what we do. You got it!  |
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catseyenu
Ack Pfft
Premium
join:2001-11-17
Fix East
| reply to ZOverLord
The first thing to do.. |
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FiL
Premium
join:2005-08-16
Silver Spring, MD | reply to ZOverLord
^bahhh. Guy needs to do us all a favor, put that shotty into his moouth, and repeat the quial incident. Brainstew with nerve spaghetti.
"cant wait for the second revolutionary war.."
damn, couldnt have said it better my self! |
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Bane75
join:2002-09-20
Poway, CA
| reply to ZOverLord
Absolutely nothing wrong with this other than the section that says:
" ) Relation to State Laws- No requirement or prohibition may be imposed under the laws of any State with respect to the responsibilities of any person--
`(1) to protect the security or confidentiality of information on consumers maintained by or on behalf of the person;
`(2) to safeguard such information from potential misuse;
`(3) to investigate or provide notices of any unauthorized access to information concerning the consumer, or the potential misuse of such information, for fraudulent purposes; or
`(4) to mitigate any loss or harm resulting from such unauthorized access or misuse.'."
That section can't possibly stand up in court. Other than that this amendment requires companies that have breaches to notify consumers and to provide them with 90 days of free credit monitoring service.
I don't see what the objections are about other than the state law issue. It might be good for some of you to read the text slowly before flying off the handle. |
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SparkChaser
BURY BECK
Premium
join:2000-06-06
Downingtown, PA
 ·Verizon FIOS
·Comcast
| said by Bane75 :I don't see what the objections are about other than the state law issue. Well, YEAH! 
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Hard work never killed anybody but why should I take the chance |
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Gem
Premium
join:2005-09-10
·CableOne
| reply to Bane75
said by Bane75 :Absolutely nothing wrong with this other than the section that says: "Relation to State Laws- No requirement or prohibition may be imposed under the laws of any State with respect to the responsibilities of any person..."That section can't possibly stand up in court. *****************
Bane, the section could well stand up in court under the "pre-emption" doctrine of the Commerce Clause of the Constitution.
The Commerce Clause gives Congress the power to regulate commerce among the several states.
Court decisions have extended that to interstate commerce, then to any in-state ('intrastate') commerce that has an effect on interstate commerce. [Hence the post about having a VP kill all the lawyers, but its not really their fault - they are not the cause of the problem.]
Anyway, under the above doctrines Congress can force states to do things they don't want to do and prohibit states from doing things they might want to do such as protecting privacy for example.
In recent years Congress has often passed laws under the Commerce clause that purported to do something good. But in reality those laws set such a low standard on the conduct prohibited that when coupled with a pre-emption clause prohibiting the states from enacting standards some would say we end up worse off instead of better.
In my opinion, the only meaningful check on the abuse of powers by the Government is the voting public. And we voters have not always acted wisely or in our own best interests.
This is solely my opinion. Others may disagree.
What do this post and thread have to with security and privacy?
Quite a bit when you think about it. |
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mers2
Premium,MVM
join:2004-03-20
USA
clubs:
·AT&T U-Verse
| reply to ZOverLord
This is another prime example of extremely poorly written legislation that is going hurt the victim of a data breach, while protecting corporations. Very vague definitions of data breach, what is "prompt notification" and my favorite which is wide open to interpretation as to what is "possible, practicable and reasonable":
to the extent possible and practicable, take reasonable measures to repair the breach and restore the security and confidentiality of the sensitive financial personal information involved to limit further unauthorized use of such information; and
`(5) take reasonable measures to restore the integrity of the affected data security safeguards and make appropriate improvements to data security policies and procedures.
With the almost daily news stories of tens of thousands of records being stolen or lost, whether due to carelessness or expert theft, one would think congress could do much better then this.
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God put me on this Earth to accomplish a certain number of things. Right now, I am so far behind I will never die. |
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ZOverLord
Premium
join:2003-10-20
Minneapolis, MN
| reply to ZOverLord
Another important point of this is that most people do not realize that it is their State Law that allows them to FREEZE their credit report.
This ability can be very helpful, if you live in a State that currently allows this. If this were to pass as is, then it would be impossible for you to freeze your credit report.
As many people have stated, the wording in this is so weak that it seems possible that company X for example could lose hundred's of thousands of data records and have no obligation to inform anyone until they had knowledge that someone else found it, or odd things started going on with these records. Define odd?
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Black, Grey and White Hats Unite here -> »testing.OnlyTheRightAnswers.com |
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