American Bar Association
 
Section of Science & Technology: Information Security Committee

Section of Science & Technology:
Information Security Committee


Announcements



INFORMATION LAW JOURNAL



A Publication of the Information Security and EDDE Committees ABA Section of Science & Technology Law.



INSIDE CURRENT ISSUE (WINTER 2017 VOLUME 8 ISSUE 1)



Two New Books on Emerging Technologies Law and Information and Internet Law
By Thomas J. Shaw



Conflicting Document Production Laws May Result in International Discovery Restrictions
By Courtney Lotfi



The Independent Chief Data Officer: A Weapon in the Arsenal of Information Security
By Michael Aisenberg



Considerations Governing the Lifting of a Litigation Hold in Civil and Criminal e-Discovery
By Alec Webley, Alexander B. Hastings, and Edward H. Rippey



Executive Order 12333, the President-Elect, and the NSA
By April Doss



Blockchain Risk Factors in Securities Offerings and Filings
By Bo Harvey and John Servidio









DIGITAL IDENTITY LAW DEVELOPEMENTS - Hot Topics Presentation by
Tim Reiniger, Future Law, LLC on March 19, 2017




I. Virginia Digital Identity Law (2015) developments



A. First digital identity law in the United States (provides statutory foundation for identity trust frameworks and defines liability of identity providers to relying parties and innocent third parties)



B. Last December, the European Commission formally requested the Commonwealth of Virginia to collaborate on the development of digital identity standards with the intent of promoting cross-border interoperability and acceptance of eIDs. Discussions are ongoing.



C. Along with the EU eID regulations and Finnish law, the Virginia law has served as an impetus to a newly launched UNCITRAL effort to develop model digital identity legislation



D. The Virginia law has served as impetus for the Uniform Law Commission (in the United States) to constitute a committee to determine whether a uniform digital identity law should be developed for the other US states and jurisdictions. The committee’s work (of which I am an ABA SciTech Advisor) is ongoing.



II. Remote (Online Audio-Video) Notarization developments



A. Virginia and Montana are the first states to authorize remote notarization. This year, Texas, Nevada, Maryland, Kentucky, Indiana, Pennsylvania, and Oklahoma have introduce legislation to provide similar authorization.



B. The Uniform Law Commission study committee on remote notarization (of which I have been an ABA SciTech Advisor), at its March 19, 2017 meeting, voted to recommend that the full ULC should authorize the creation of a committee for drafting a model remote notarization law. This is typically a two year process.



C. Of note in the ULC remote notarization committee discussions – how to deal with matters of technology performance standards? The Virginia experience has shown that technology standards are needed in three areas: 1) online authentication, 2) audio-video capability, and 3) the e-signing means and process. But should the standards be set in statute or left to rule-making? The current ULC approach is to leave the development of such standards to the states (which, in the case of notaries, normally means the Secretaries of State). The challenge is – how facilitate interstate recognition of electronically notarized documents if there is no state-to-state uniformity/consistency with technology means and manner being used by notaries? The land title and mortgage banking industries are already requesting bill language in Texas and other states that would, in effect, discriminate against the use of audio-video technology because of perceive risk management concerns. Going forward, this remote notarization legislation struggle could have very important implications for cross-border interoperability and recognition of eIDs in the United States.



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About the Information Security Committee (ISC)

This Committee is comprised of a diverse group of lawyers, security experts, technologists, auditors and other professionals, whose focus includes the examination and analysis of legal, business, and technical aspects of securing the confidentiality, integrity and availability of information.

Our focus spans across the spectrum of information security issues, including: emerging issues surrounding the protection of information and critical infrastructures within computer systems and networks, such as the Internet; all aspects of litigation involving computer ecosystems as well as the electronic information generated by them; and regulatory and legal information security compliance and contracting.

The ISC provides a venue for the examination of legal frameworks impacting the deployment, management and regulation of networks and infrastructure systems of immense value and complexity. The ISC draws on the multi-disciplinary expertise of members to explore integrated solutions to problems where the law and information security intersect.

The ISC has been the focal point of diverse secure electronic commerce law initiatives since 1992, and its body of published work includes globally influential documents relating to electronic authentication, digital signatures, and public key infrastructures. ISC members interests also include the security aspects of protecting private electronic consumer and health care patient information, electronic evidence, securing electronic financial transactions and payments and compliance with the increasing patchwork of information security and privacy laws.

Increasingly, the ISC's work encompasses issues involved with identifying security threats and vulnerabilities to computer systems and networks, implementing security solutions in response to vulnerabilities, handling security breaches and other incidents and the development of new approaches to digital data and digital data generation within both a pre-litigation and litigation environment.

The ISC's list serve is recognized as a leading on-line forum for the robust debate on the spectrum of views from its members and other SMEs on these emerging issues of law and policy in the network infrastructure security arena.

Conversation with Committee Co-Chairs



Information Security & Privacy Resources


Publications

    Join Us


    Leadership

    Co-Chairs:

    Aisenberg, Michael
    Jorgensen, Serge
    Kesterson, Hoyt

    Vice-Chairs:

    O'Connor, Brendan
    Olcott, Jake
    Reiniger, Timothy

    Committee Roster  


    Section Events

    Section Events

      Expanding the Science on Marijuana and Drug Testing

      04/24/2017-04/24/2017

      The event will be held on 04/24/2017. The format is Web. The event sponsor(s) are Center for Professional Development,Criminal Justice Section,Government and Public Sector Lawyers Division,Judicial Division,Section of State and Local Government Law,Section of Science & Technology Law. The event has 1.50 CLE Credits .

      Whistleblowers, Leaks, and the Media: The Legal Rules

      04/25/2017-04/25/2017

      The event will be held on 04/25/2017. The format is Web. The event sponsor(s) are Center for Professional Development,Criminal Justice Section,Government and Public Sector Lawyers Division,Solo, Small Firm and General Practice Division,Division for Public Services,Law and National Security,Section of Science & Technology Law. The event has 1.50 CLE Credits .

      Artificial Intelligence and the Future of Law Practice

      05/04/2017-05/04/2017

      The event will be held on 05/04/2017. The format is Web. The event sponsor(s) are Center for Professional Development,Center For Professional Responsibility,Law Practice Division,Solo, Small Firm and General Practice Division,Section of International Law,Division for Public Services,Delivery of Legal Services,Section of Science & Technology Law. The event has 1.50 CLE Credits .


    Related Resources


    Information Law Journal


    Information Law Journal / ISPN Archives

    View all the Information Security and Privacy Newsletters.
    more...


    Committee Work Products


    Digital Signature & PKI Assessment Guidelines


    Information Security Committee Resources

    Access Controls and Status of Patient Consent Breach; Notifications under HITECH Act; ISC Working Groups; ISC Newsletter Author Guidelines; Solo Practitioner Solutions
    more...

    Modified by Barbara Mitchell on April 6, 2017

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