Cybersecurity laws and regulations in the US are essential because they help protect sensitive information and critical infrastructure from cyber threats such as hacking, malware, and data breaches. These laws and regulations also provide a framework for organizations to secure their networks and systems.
Additionally, these cyber laws and regulations help to ensure that companies and individuals are held accountable for any cyber incidents that may occur and that victims of cybercrime have legal recourse.
All the laws and regulations provide a baseline for protecting sensitive information and critical infrastructure from cyber threats and attacks. However, it’s important to note that some laws and regulations may only apply to specific industries or organizations and that compliance may vary based on the particular situation.
We will cover Federal Cybersecurity Laws and some Cyber Security Laws by State.
Federal Laws and Regulations
Here are federal cybersecurity laws and regulations that businesses need to comply with!
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Federal Information Security Modernization Act (FISMA)
The Federal Information Security Modernization Act (FISMA) is one of the cyber security laws in US passed in 2002. It requires federal agencies to implement security controls to protect their information systems and data.
They aim to ensure that federal agencies have the necessary measures to protect the confidentiality, integrity, and availability of the information they collect, store, and use.
They also require agencies to establish an information security program that includes regular risk assessments, security testing and evaluations, incident response planning, and continuous monitoring of security controls. It also requires agencies to report their compliance with the law to the Office of Management and Budget (OMB) and the Department of Homeland Security (DHS).
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FISMA also established the National Institute of Standards and Technology (NIST) as the primary body responsible for developing security standards and guidelines for federal agencies.
NIST has published a set of guidelines known as the “NIST Special Publication 800-53,” outlining the security controls federal agencies must implement to comply with FISMA.
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Cybersecurity Information Sharing Act (CISA)
The Cybersecurity Information Sharing Act (CISA) is a law passed by the United States Congress in 2015 that encourages private companies to share information about cyber threats with the government and provides liability protections for companies that do so.
CISA aims to improve the sharing of information about cyber threats between the government and private sector to protect critical infrastructure and national security from cyber attacks. It allows private companies to share cyber threat information with the Department of Homeland Security (DHS) and other federal agencies and also enables the government to share cyber threat information with private companies.
The law also provides liability protections for companies that share information in good faith and intend to protect against cyber threats. It includes provisions for developing information-sharing and analysis organizations (ISAOs) that would facilitate sharing of cyber threat information between the government and private sector.
The ISAOs are voluntary organizations that private companies or other organizations can create to share cyber threat information among their members. CISA has been criticized by some privacy and civil liberties advocates who claim that the law does not adequately protect personal information and could be used for government surveillance.
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Role of Government Agencies
Role of government agencies such as the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the Cybersecurity and Infrastructure Security Agency (CISA).
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Department of Homeland Security (DHS)
The Department of Homeland Security (DHS) plays a key role in protecting the United States from cyber threats and attacks. The DHS is responsible for protecting the nation’s critical infrastructure, which includes everything from the power grid and financial systems to transportation networks and government buildings.
One of the DHS’s main responsibilities is coordinating and sharing information about cyber threats with other federal agencies, state and local governments, and the private sector. The DHS also works to develop and implement cybersecurity policies, guidelines, and standards to help protect the nation’s critical infrastructure from cyber attacks.
The DHS has several key organizations within it that are responsible for different aspects of cybersecurity. The National Cybersecurity and Communications Integration Center (NCCIC) is responsible for identifying, analyzing, and responding to cyber threats and providing real-time situational awareness of the cyber threat landscape. The Cybersecurity and Infrastructure Security Agency (CISA) protect the nation’s critical infrastructure from cyber threats and provides technical assistance and guidance to other organizations.
The DHS also plays an important role in incident response and recovery. For example, the United States Computer Emergency Readiness Team (US-CERT), part of the NCCIC, is responsible for coordinating the response to cyber incidents and providing technical assistance and guidance to organizations affected by cyber attacks.
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Federal Bureau of Investigation (FBI)
The Federal Bureau of Investigation (FBI) plays a key role in protecting the United States from cyber threats and investigating cybercrime. The FBI is responsible for investigating a wide range of cybercrimes, including hacking, online fraud, identity theft, and the distribution of child pornography.
One of the main responsibilities of the FBI is to investigate cybercrime and bring criminals to justice. The FBI has several specialized units that focus on cybercrime, such as the Cyber Division, which investigates cybercrime and espionage. The FBI also works closely with other federal, state, and local law enforcement agencies to share information and coordinate investigations.
The FBI also plays an important role in protecting the United States from cyber threats by providing threat intelligence and warnings to organizations and individuals. The FBI also improves organizations’ cybersecurity posture by providing training and technical assistance.
The FBI also works with other U.S. agencies and international partners to track and pursue cybercriminals and hackers outside of the U.S. and develop and implement international strategies to combat cybercrime.
The FBI works with other federal, state, and local law enforcement agencies, the private sector, and international partners to pursue cyber criminals, improve organizations’ cybersecurity posture, and provide threat intelligence and warnings to organizations and individuals.
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Cybersecurity and Infrastructure Security Agency (CISA)
The Cybersecurity and Infrastructure Security Agency (CISA) is a federal agency within the Department of Homeland Security (DHS) responsible for protecting the nation’s critical infrastructure from cyber threats and providing technical assistance and guidance to other organizations.
CISA’s mission is to protect the nation’s critical infrastructure by enhancing the security and resilience of the cyber ecosystem. This includes working with other government agencies, the private sector, and international partners to identify and mitigate cyber threats and vulnerabilities.
Some of the key responsibilities of CISA include the following:
- Identifying and assessing cyber threats to critical infrastructure
- Providing technical assistance and guidance
- Coordinating incident response
- Developing and implementing cybersecurity policies, guidelines, and standards
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The National Institute of Standards and Technology (NIST)
The National Institute of Standards and Technology (NIST) is a non-regulatory agency of the United States Department of Commerce. It was established in 1901 and had its headquarters in Gaithersburg, Maryland. NIST’s mission is to promote innovation and industrial competitiveness by advancing measurement science, standards, and technology to enhance economic security and improve our quality of life.
NIST conducts research and provides technical assistance in a wide range of areas, including:
- Advanced manufacturing
- Cybersecurity
- Information technology
- Material measurement
- Quantum technology
- Telecommunications
NIST also provides industry-standard measurements and standards, such as standard reference materials, standard reference data, and standard reference methods. These standards are used to ensure the accuracy and reliability of measurements in many fields, including science, engineering, and industry.
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The Government Accountability Office (GAO)
The Government Accountability Office (GAO) plays a key role in conducting audits and investigations of federal agencies to assess their compliance with federal cybersecurity laws and the effectiveness and efficiency of their operations. This includes their management of cybersecurity risks and threats.
One of the ways the GAO conducts these audits and investigations is through the use of performance audits. These audits assess the effectiveness and efficiency of government programs and operations. They can focus on cybersecurity issues, such as the adequacy of an agency’s information security controls and incident response plans. The GAO also conducts financial audits of federal agencies, including assessments of their compliance with laws and regulations related to information security and protecting sensitive information.
The GAO also conducts investigations in response to requests from Congress or other government officials. These investigations can focus on specific cybersecurity issues, such as the adequacy of an agency’s cybersecurity programs or incident response plans.
By hiring an Expert Cyber Security Consultant from EES, companies can identify their vulnerabilities and weaknesses and take action to mitigate them. Additionally, our services can help companies comply with cybersecurity laws and regulations and implement best practices to protect their sensitive data, systems, and reputation.
State-specific Laws and Regulations
Businesses must be aware of the applicable cyber security laws by state. Many are related to data collection techniques and the requirement to alert customers within specific timelines and ways if data is breached.
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California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (CCPA) is one of the cyber security laws by state passed in California in 2018. It came into effect on January 1, 2020, and gives California residents certain rights regarding their personal information collected, used, and shared by businesses. These rights include the right to know what personal information is being collected, the right to request that it be deleted, and the right to opt out of the sale of personal information.
The California cybersecurity laws apply to businesses that collect personal information of California residents and meet specific other criteria, such as having annual gross revenues over $25 million, buying or selling personal information, or having the personal information of 50,000 or more California residents.
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New York Department of Financial Services (NYDFS)
The New York Department of Financial Services (NYDFS) is a state government agency in New York that oversees the regulation and supervision of financial services companies operating in the state. The NYDFS is responsible for enforcing laws and regulations related to banks, insurance companies, mortgage companies, money transmitters, and other financial service providers.
Its mission is to protect consumers and ensure the safety and soundness of the financial services industry in New York. The NYDFS has the authority to issue licenses, conduct examinations of financial institutions, and take enforcement actions against companies that violate laws and regulations. The agency also promotes fair and transparent markets and improves the financial system’s overall stability and security in New York.
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Other states’ laws and regulations
In addition to the California Consumer Privacy Act (CCPA) and the New York Department of Financial Services (NYDFS), several other cyber security laws by state govern the collection, use, and sharing of personal information. Some examples include:
- The Vermont Data Broker Regulation Act requires data brokers to register with the state, disclose their data collection practices, and allow consumers to opt out of the sale of their personal information.
- The Illinois Biometric Information Privacy Act Law regulates the collection, use, storage, and disclosure of biometric information, such as fingerprints or facial scans. It requires companies to obtain informed consent before collecting this information.
- The Nevada Privacy of Medical Information Act regulates the collection, use, and disclosure of personal health information and requires companies to implement reasonable security measures to protect this information.
- The Texas Medical Privacy Act Law regulates the collection, use, and disclosure of personal health information and sets standards for protecting personal health information.
- The Washington State Data Privacy Law regulates personal information collection, use, and disclosure. It requires companies to provide clear and conspicuous notice of their data collection practices and to provide a mechanism for consumers to opt out of the sale of their personal information.
It’s important to note that cyber security laws and regulations regarding data privacy and protection are continuously evolving, and many more state laws and regulations regulate this area, depending on the state. It’s recommended to check all the cyber security laws by state to ensure compliance.
Conclusion
Staying informed about cybersecurity laws in the US is important for several reasons.
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Compliance
Businesses must comply with various laws on cyber security, such as the General Data Protection Regulation (GDPR), the Health Insurance Portability and Accountability Act (HIPAA), and the California Consumer Privacy Act (CCPA). Failure to comply with these laws can result in significant fines and penalties.
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Risk Management:
Understanding the current laws and regulations can help businesses identify and mitigate cybersecurity risks. This includes identifying sensitive data that must be protected and implementing appropriate security controls to protect that data.
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Reputation and Liability:
A data breach or cybersecurity incident can damage a business’s reputation and lead to liability lawsuits. Staying informed about laws and regulations can help companies take proactive steps to prevent incidents and respond if they occur.
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Staying Competitive:
Businesses knowledgeable about cybersecurity laws and regulations are better equipped to compete in the marketplace. They can demonstrate to customers and partners that they take data protection seriously and have the necessary controls to protect sensitive information.
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Protecting Customers’ & Employees’ Personal Information:
By staying informed about cyber security laws, businesses can ensure that they are appropriately protecting the personal information of their customers and employees. This includes not only preventing data breaches but also being transparent about data collection practices and providing customers with the ability to control their personal information.
Given the constantly evolving nature of technology, businesses need to stay updated with cyber laws and regulations. This includes regularly reviewing policies and procedures, participating in training and education programs, and consulting with legal and cybersecurity.
