Tag Archive for: Legislation

Call for cyber security legislation

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Chairman of the Small Business Association (SBA) Neil Corbin is calling for cyber security legislation to protect consumers and businesses, as Barbados continues its push for greater use of digital transactions.

He said while the Data Protection Act which was passed in 2019 and proclaimed in early 2021 was welcomed, lawmakers must go further.

“An enabling business environment is required to flourish beyond the Data Protection Act,” Corbin told the opening of the SBA’s State of the Industry conference earlier this week.

“Where are we on issues of cyber security and cyber crime? At present, there is no requirement for businesses to report cyber attacks. Legislative improvements are needed to protect both consumers and businesses operating in the digital space.”

“With the entrance of online payment platforms in the market, primarily due to the lack of e-commerce facilitation by commercial banks, we need to ensure that a business environment is one that allows for transparent, yet safe and user-friendly operation of digital assets,” he added.

Corbin acknowledged that “several solutions” would be required to improve the business climate for the small business sector and protect them and customers while encouraging greater use of technology.

In addition to legislative improvements in the digital space, he said, the Government needs to speed up its multi-million-dollar Smart City build-out, as he pointed out that reliable and safe access to broadband and Internet service was critical for businesses.

“We welcome the announcement of the Government to establish smart cities, as this initiative will enable business owners the access required to do business online wherever they go,” said Corbin.

“This must be fast-tracked to enable the entry in the market of entrepreneurs and small business owners to innovate, engage consumers on the go and facilitate actual trade of goods and services globally,” he said.

The Smart City initiative, which was started in late 2019, includes the deployment of free public Wi-Fi in Bridgetown, computer-controlled parking and traffic management, and the use of mobile apps for self-guided tours. So far, only some parts of the intended…

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Telstra boss talks down need for legislation in ransomware fight

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The federal government ought to place a greater focus on “community awareness” in the fight against ransomware as the risk of attack continues to escalate, according to outgoing Telstra chief Andy Penn.

But Mr Penn, who chairs the government’s telco-heavy Industry Advisory Committee on Cyber Security, has stopped short of recommending legislation, despite urging the former government adopt a “clear policy position”.

The committee made the recommendation in its annual update last year after observing that it was not clear to business whether paying ransomware gangs was illegal or what best-practice was for incident reporting.

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Penn: Community awareness is the best defence for ransomware.

The recommendation followed a spate of high-profile ransomware attacks including one that forced US pipeline operator Colonial Pipeline to proactively close down operations and freeze its IT systems.

The then government took on the advice shortly thereafter, releasing a ransomware action plan in October 2021 that sought to introduce tougher penalties for criminals and a mandatory incident reporting scheme.

But legislation that would have enacted tougher penalties lapsed at the dissolution of Parliament in April, and legislation for the mandatory ransomware incident reporting regime was never introduced.

The newly minted government is yet to detail its plans in this space, though it could form part of country’s revised Cyber Security Strategy.  A spokesperson from Home Affairs minister Claire O’Neil’s office has been contacted for comment.

In the previous term of government, Labor attempted to force the Coalition’s hand by introducing a bill that would require businesses and government to notify the Australian Cyber Security Centre before paying a ransomware gang.

During his address to the National Press Club on Tuesday, Mr Penn said ransomware remained “major and escalating issue”, estimating that 80 per cent of Australian businesses had experienced an attack in 2021, up from 45 percent in 2020.

Asked whether legislation was important to address ransomware risks and whether it should be an urgent consideration for the new government, Mr Penn said there…

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American View: New Texas Legislation Encourages Hacking, Extortion, and Intimidation

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Texas recently did something catastrophically ill-advised on 1st September 2021. No, I’m not talking about making it illegal to discuss America’s history of racism and how it affected (and still affects) law, society, and justice. That was idiotic and makes us look like terrified bigots on the international stage. I’m also not talking about Texas making it legal for everyone to stroll around in public with loaded firearms even if they have no idea how to use them safely or properly whilst also being violent, unhinged, and/or committed to overthrowing the government. That, too, was staggeringly imprudent and will scare off tourists, transplants, and new corporate headquarters. Those self-owns were fully on-brand for Texas’s burn-in-all-down politicians but are dreary topics for another time.

No, today I want to talk about the inevitable ramifications of Texas making all abortion procedures illegal after six weeks from gestation – effectively ending legal abortion in Texas – while empowering private citizens to rat out their friends, family, co-workers, and neighbours that they believe had an abortion. But wait, there’s mote! Under the new law, private citizens are allowed to “turn in” literally anyone else they believe helped a pregnant woman get an abortion … even if it waws just to find a clinic’s phone number, get a ride, or buy painkillers … and get a $10,000 (about € 8,200) cash pay-out as a reward for being a volunteer state snitch.

That right there was some world class political hubris. The point of Texas’s blatantly unconstitutional legislation was to get the inevitable challenge to it taken up by the Supreme Court so that Roe vs. Wade, the landmark case that made abortion legal across the USA, could finally be overturned. It worked: on 1st September, the underqualified justices that the previous president packed into the court refused to hear the appeal, allowing Texas’s new law to stand.

To be clear, I’m not interested into getting into a faux debate with the attention addicted social media crowd on either side of the abortion issue. Chanting slogans and levying death threats isn’t my thing. As a security awareness person,…

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Illinois Legislation Limits Non-Competes, Restrictive Covenants

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The Illinois General Assembly recently passed Senate Bill 672 (“SB 672” or the “Bill”), which codifies Illinois common law standards for enforceability for covenants not to compete or solicit and imposes several additional statutory limitations on employers’ ability to enter into and enforce post-employment restrictive covenants. The Bill, which is expected to be signed into law by the end of the year, follows a nationwide trend among Democratic state legislatures enacting laws designed to limit the use or utility of various restrictive covenants in the employment setting.

Under SB 672, a covenant not to compete or solicit is void and unenforceable, subject to judicial reformation, unless: (1) the employee receives adequate consideration; (2) the covenant is ancillary to a valid employment relationship; (3) the covenant is no greater than is required for the protection of a legitimate business interest of the employer; (4) the covenant does not impose undue hardship on the employee; and (5) the covenant is not injurious to the public. The Bill codifies the holding of Fifield v. Premier Dealer Services, 2013 IL App (1st) 120327, by defining “adequate consideration” as (a) two years of continuous employment after signing the agreement; or (b) alternative consideration, such as “a period of employment plus additional professional or financial benefits or merely professional or financial benefits adequate by themselves.” This is noteworthy as some courts applying Illinois law have declined to apply Fifield’s holding taking the position that it does not correctly state Illinois law. Following SB 672’s enactment, it is likely that Fifield will be followed by courts across the board, even when interpreting restrictive covenants entered into before the Bill’s effective date.

Likewise, the Bill incorporates the holding of Reliable Fire Equipment Co. v. Arredondo, 965 N.E.2d 393 (Ill. 2011), by adopting its “totality of the facts and circumstances” standard for determining an employer’s legitimate business interest. The Bill further provides a non-exclusive list of factors to be considered by courts when determining the employer’s…

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