Steven G. Stransky (Thompson Hine) and Kemba Eneas Walden (Microsoft), recently published an article, “Cyber Reporting Proposals: Assessing Liability Protections and Legal Privileges” which can be accessed in full here.
The article discusses recently proposed data breach notification legislation that, if enacted, would require certain private sector organizations to submit reports to the federal government when they have been subject to a ransomware attack or a similar cybersecurity event. In particular, the article compares and contrasts how these proposals address liability protections and preserving legal privileges for organizations that submit such cyber incident reports. These issues are a significant concern within the private sector and likely will impact how thoroughly businesses comply with a new data breach notification law and the quantity and quality of cyber incident reporting.
The article was published by Lawfareblog.com, an American blog site dedicated to national security issues published by the Lawfare Institute in cooperation with the Brookings Institution.
Steven G. Stransky is a Partner and co-chair of Thompson Hine’s Privacy & Cybersecurity group. Kemba Eneas Walden is the Assistant General Counsel of Microsoft’s Digital Crimes Unit (DCU) and is responsible for leading DCU’s Ransomware Program. Kemba is also a member of the Ransomware Task Force and was recently appointed by the Department of Homeland Security to serve as a member of the newly created Cyber Safety Review Board.
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