This cartoon is about evolution of data breaches, which began to grab headlines back in 2005, thanks in large part to California’s data breach notification law — the first of such laws. Since that time, every state has passed breach notification laws, and there are breach notification laws sprouting up around the world. Every day, we hear of more and more data breaches . . . and they are getting larger and larger.
12/13/18 Update: Here is the video from the session described below.
On Wednesday, December 12, 2018, I’ll be speaking at the Data Security hearing, part of the FTC Hearings on Competition and Consumer Protection in the 21st Century. My panel begins at 1:00 PM:
The U.S. Approach to Consumer Data Security
Wednesday, December 12, 2018 from 1:00 PM to 2:30 PM
Center for Democracy & Technology
Daniel J. Solove
George Washington University Law School
University of Pittsburgh
Perkins Coie LLP
Lisa J. Sotto
Hunton Andrews Kurth LLP
Moderator: James Cooper
Federal Trade Commission, Bureau of Consumer Protection
I previously spoke at an earlier hearing in this series back in September on a panel about consumer privacy protection (video / transcript). The upcoming hearing focuses on data security.
Cybersecurity litigation is currently at a crossroads. Courts have struggled in these cases, coming out in wildly inconsistent ways about whether a data breach causes harm. Although the litigation landscape is uncertain, there are some near certainties about cybersecurity generally: There will be many data breaches, and they will be terrible and costly. We thus have seen the rise of cybersecurity insurance to address this emergent and troublesome risk vector.
I am delighted to be interviewing Kimberly Horn, who is the Global Focus Group Leader for Cyber Claims at Beazley. Kim has significant experience in data privacy and cyber security matters, including guiding insureds through immediate and comprehensive responses to data breaches and network intrusions. She also has extensive experience managing class action litigation, regulatory investigations, and PCI negotiations arising out of privacy breaches.
I hope you enjoy my latest cartoon about data security — a twist on the angel on one shoulder and devil on the other. Humans are the weakest link for data security. Attempts to control people with surveillance or lots of technological restrictions often backfire. I believe that the most effective solution is to train people. It’s not perfect, but if training is done right, it can make a meaningful difference.
Recently published by Cambridge University Press, Re-Engineering Humanity explores how artificial intelligence, automated decisionmaking, the increasing use of Big Data are shaping the future of humanity. This excellent interdisciplinary book is co-authored by Professors Evan Selinger and Brett Frischmann, and it critically examines three interrelated questions. Under what circumstances can using technology make us more like simple machines than actualized human beings? Why does the diminution of our human potential matter? What will it take to build a high-tech future that human beings can flourish in? This is a book that will make you think about technology in a new and provocative way.