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How would such legislation ensure companies are able to detect such breaches in the first place? For every Target/PSN/Anthem/Uber how many companies aren't even

How would such legislation ensure companies are able to detect such breaches in the first place? For every Target/PSN/Anthem/Uber how many companies aren't even aware they've been breached?

cmurf 12y ago
Withholding knowledge of a breach is self-rewarding which is why there needs to be a law stating the time frame for disclosure, and either penalties or liablity (per affected customer, employee, contractor, vendor). Lack of skill in detection is a problem, but I don't know whether Congress is well equipped to legislate that, and also companies aren't exactly incentivized to just let themselves get completely owned. They're just ignorant. There's no question this behavior is changing, even if we're dissatisfied with how slow it's happening. I mean, the average Congresscritter probably has no idea what the typical answer is to "how do you do a password reset?" other than "call daughter/son". They're not good at establishing competency. They are sorta half way decent at bringing out the hammer "disclose what you know within X days, or we're going to fine you... when we do find out when you knew it." So that brings up the question how the legislation determines whether and exactly when the company knew they were breached. And I'd say they should learn from history which is not to be such dicks like they were with hackers in the 80's and 90's and instantly criminalize disproportionately. We were learning things as a result of all of that, and by repressing it, we learned a lot less. So with companies I'd say up front the disclosure needs to be civil in nature (fines), and if there's willful hiding of what they know, tampering of evidence, destruction of evidence in an attempt to claim they didn't know they were breached or how badly, then it becomes criminal and lay down the hammer. Ultimately though, the worst punishment is up to the states, since the corporate charter is granted by states, not the feds. Off hand I can't think of a case where a corporation was executed in this manner though (revoking it's charter or articles of incorporation).

How would such legislation ensure companies are able to detect such breaches in the first place? For every Target/PSN/Anthem/Uber how many companies aren't even aware they've been breached?

cmurf 12y ago

Withholding knowledge of a breach is self-rewarding which is why there needs to be a law stating the time frame for disclosure, and either penalties or liablity (per affected customer, employee, contractor, vendor). Lack of skill in detection is a problem, but I don't know whether Congress is well equipped to legislate that, and also companies aren't exactly incentivized to just let themselves get completely owned. They're just ignorant. There's no question this behavior is changing, even if we're dissatisfied with how slow it's happening. I mean, the average Congresscritter probably has no idea what the typical answer is to "how do you do a password reset?" other than "call daughter/son". They're not good at establishing competency. They are sorta half way decent at bringing out the hammer "disclose what you know within X days, or we're going to fine you... when we do find out when you knew it." So that brings up the question how the legislation determines whether and exactly when the company knew they were breached. And I'd say they should learn from history which is not to be such dicks like they were with hackers in the 80's and 90's and instantly criminalize disproportionately. We were learning things as a result of all of that, and by repressing it, we learned a lot less. So with companies I'd say up front the disclosure needs to be civil in nature (fines), and if there's willful hiding of what they know, tampering of evidence, destruction of evidence in an attempt to claim they didn't know they were breached or how badly, then it becomes criminal and lay down the hammer. Ultimately though, the worst punishment is up to the states, since the corporate charter is granted by states, not the feds. Off hand I can't think of a case where a corporation was executed in this manner though (revoking it's charter or articles of incorporation).