On September 28, 2021, Senators Gary Peters and Rob Portman, respectively Chairman and Ranking Member of the Homeland Security and Government Affairs Committee, introduced a bipartisan bill that would require owners and operators of critical infrastructure to notify the Director of the Cybersecurity and Infrastructure Security Agency within 72 hours of having a reasonable belief that a covered cyber incident has occurred.
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Congress
U.S. House Committee Votes to Create New FTC Privacy Bureau and Appropriate $1 Billion to the Agency
On September 14, 2021, the U.S. House Committee on Energy and Commerce voted in favor of a legislative recommendation that would create a new FTC privacy bureau as part of the proposed $3.5 trillion federal budget reconciliation package. …
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Senators Introduce Cyber Incident Notification Act
A bipartisan group of Senators recently introduced the Cyber Incident Notification Act of 2021. The Act would require federal government agencies, federal contractors and operators of critical infrastructure to notify the federal government in the event of a cybersecurity incident.
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Colorado Privacy Act Signed Into Law
On July 8, 2021, Colorado Governor Jared Polis signed SB21-190, the Colorado Privacy Act, into law, making Colorado the third state to have a comprehensive data privacy law on the books, following California and Virginia. This blog entry provides a summary of the Act.
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Senator Gillibrand Announces Renewed Data Protection Act 2021
On June 17, 2021, Senator Kirsten Gillibrand (D-NY) announced the reintroduction of the Data Protection Act of 2021, which would create an independent federal agency, the Data Protection Agency, to “regulate high-risk data practices and the collection, processing, and sharing of personal data.”…
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Senate Confirms New FTC Commissioner
On June 15, 2021, the U.S. Senate confirmed Lina Khan to the Federal Trade Commission by a vote of 69-28.
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Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief
As reported on Hunton’s Retail Law Blog, on April 22, 2021, the U.S. Supreme Court unanimously held in a highly-anticipated case, AMG Capital Management, LLC v. FTC, that the Federal Trade Commission cannot seek or obtain equitable monetary relief pursuant to §13(b) of the FTC Act, putting an end to the use of §13(b) as a significant enforcement tool.
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White House to Nominate First National Cyber Director
The Biden administration announced it intends to nominate Chris Inglis, a former Deputy Director of the National Security Agency, to be the first U.S. National Cyber Director, subject to Senate confirmation. The newly-established position, which will serve as the President’s principal cybersecurity policy and strategy advisor, and the Office of the National Cyber Director were created under the National Defense Authorization Act for Fiscal Year 2021, which became law on January 1, 2021.
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Virginia Moves Closer to Be the Second State to Enact Major Privacy Legislation
As we previously reported, significant data privacy bills, titled the Consumer Data Protection Act, are working their way through the Virginia legislature. If enacted, Virginia would be the second state to enact major data privacy legislation of general applicability. …
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Will Virginia Be the Second State to Enact Major Privacy Legislation?
On February 5, 2021, the state Senate of Virginia voted unanimously to approve Senate Bill 1392, titled the Consumer Data Protection Act, after the House of Delegates approved an identical House bill by an 89-9 vote.
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