Laws and Regulatory Requirements by Erlan Bakiev Ph

Laws and Regulatory Requirements by Erlan Bakiev, Ph. D.

Broadly applicable laws and regulations Sarbanes-Oxley Act (SOX) Payment Card Industry Data Security Standard (PCI DSS) Gramm-Leach-Bliley Act (GLB) Act Electronic Fund Transfer Act, Regulation E (EFTA) Customs-Trade Partnership Against Terrorism (C-TPAT) Free and Secure Trade Program (FAST) Children's Online Privacy Protection Act (COPPA) Fair and Accurate Credit Transaction Act (FACTA), including Red Flags Rule; Federal Rules of Civil Procedure (FRCP)

Sarbanes-Oxley Act (aka Sarbox, SOX) Enacted in 2002, the Sarbanes-Oxley Act is designed to protect investors and the public by increasing the accuracy and reliability of corporate disclosures. It was enacted after the high -profile Enron and World. Com financial scandals of the early 2000 s. It is administered by the Securities and Exchange Commission, which publishes SOX rules and requirements defining audit requirements and the records businesses should store and for how long. Who is affected: U. S. public company boards, management and public accounting firms.

Sarbanes-Oxley Act (aka Sarbox, SOX) Key requirements/provisions: The Act is organized into 11 titles: 1. Public Company Accounting Oversight 2. Auditor Independence 3. Corporate Responsibility 4. Enhanced Financial Disclosures 5. Analyst Conflicts of Interest 6. Commission Resources and Authority 7. Studies and Reports 8. Corporate and Criminal Fraud Accountability 9. White-Collar Crime Penalty Enhancements 10. Corporate Tax Returns 11. Corporate Fraud Accountability

Payment Card Industry Data Security Standard (PCI DSS) The PCI DSS is a set of requirements for enhancing security of payment customer account data. It was developed by the founders of the PCI Security Standards Council, including American Express, Discover Financial Services, JCB International, Master. Card Worldwide and Visa to help facilitate global adoption of consistent data security measures. PCI DSS includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures. The Council has also issued requirements called the Payment Application Data Security Standard (PA DSS) and PCI Pin Transaction Security (PCI PTS). Who is affected: Retailers, credit card companies, anyone handling credit card data.

Payment Card Industry Data Security Standard (PCI DSS) Key requirements/provisions: Currently, PCI DSS specifies 12 requirements, organized in six basic objectives: Objective 1: Build and Maintain a Secure Retail Point of Sale System - Requirement 1: Install and maintain a firewall configuration to protect cardholder data - Requirement 2: Do not use vendor-supplied defaults for system passwords and other security parameters Objective 2: Protect Cardholder Data - Requirement 3: Protect stored cardholder data - Requirement 4: Encrypt transmission of cardholder data across open, public networks

Payment Card Industry Data Security Standard (PCI DSS) Objective 3: Maintain a Vulnerability Management Program - Requirement 5: Use and regularly update anti-virus software - Requirement 6: Develop and maintain secure systems and applications Objective 4: Implement Strong Access Control Measures - Requirement 7: Restrict access to cardholder data by business need-to-know - Requirement 8: Assign a unique ID to each person with computer access - Requirement 9: Restrict physical access to cardholder data

Payment Card Industry Data Security Standard (PCI DSS) Objective 5: Regularly Monitor and Test Networks - Requirement 10: Track and monitor all access to network resources and cardholder data - Requirement 11: Regularly test security systems and processes Objective 6: Maintain an Information Security Policy - Requirement 12: Maintain a policy that addresses information security

The Gramm-Leach-Bliley Act (GLB) Act of 19999 Also known as the Financial Modernization Act of 1999, the GLB Act includes provisions to protect consumers' personal financial information held by financial institutions. There are three principal parts to the privacy requirements: the Financial Privacy Rule, the Safeguards Rule and pretexting provisions.

The Gramm-Leach-Bliley Act (GLB) Act of 19999 Who is affected: Financial institutions (banks, securities firms, insurance companies), as well as companies providing financial products and services to consumers (including lending, brokering or servicing any type of consumer loan; transferring or safeguarding money; preparing individual tax returns; providing financial advice or credit counseling; providing residential real estate settlement services; collecting consumer debts).

The Gramm-Leach-Bliley Act (GLB) Act of 19999 Key requirements/provisions: The privacy requirements of GLB include three principal parts: 1. The Financial Privacy Rule: Requires financial institutions to give customers privacy notices that explain its information collection and sharing practices. In turn, customers have the right to limit some sharing of their information. Financial institutions and other companies that receive personal financial information from a financial institution may be limited in their ability to use that information.

The Gramm-Leach-Bliley Act (GLB) Act of 19999 2. The Safeguards Rule: Requires all financial institutions to design, implement and maintain safeguards to protect the confidentiality and integrity of personal consumer information. 3. Pretexting provisions: Protect consumers from individuals and companies that obtain their personal financial information under false pretenses, including fraudulent statements and impersonation.

Electronic Fund Transfer Act, Regulation E Enacted in 1978, this law protects consumers engaging in electronic fund transfers from errors and fraud. It carries out the purposes of the Electronic Fund Transfer Act, which establishes the basic rights, liabilities, and responsibilities of EFT consumers of financial institutions that offer these services. EFTs include ATM transfers, telephone bill-payment services, point-of-sale terminal transfers in stores and preauthorized transfers from or to a consumer's account (such as direct deposit and Social Security payments). Effective August 2010, a new provision states that institutions may not impose dormancy, inactivity or service fees for pre-paid products, such as gift cards, nor can they have an expiration date of less than five years.

Electronic Fund Transfer Act, Regulation E Who is affected: Financial institutions that hold consumer accounts or provide EFT services, as well as merchants and other payees. Key requirements/provisions: Regulation E includes the following provisions: Definition of access device (debit cards, PINs, phone transfers, bill payment codes, private label cards). Consumer acceptance of device (either through a request for the device or validation of an unsolicited device). Financial institution responsibilities, such as disclosure requirements and records retention. Consumer rights and responsibilities, such as procedures for reporting lost or stolen access devices and notifying the institution of an error. Rules for preauthorized debits and electronic check transactions. Error resolution process. Unauthorized EFTs.

Customs-Trade Partnership Against Terrorism (C-TPAT) C-TPAT is a worldwide supply chain security initiative established in 2004. It is a voluntary initiative run by U. S. Customs and Border Protection, with the goals of preventing terrorists and terrorist weapons from entering the U. S. It is designed to build cooperative government-business relationships that strengthen and improve the overall international supply chain and U. S. border security. Businesses are asked to ensure the integrity of their security practices and communicate and verify the security guidelines of their business partners within the supply chain.

Customs-Trade Partnership Against Terrorism (C-TPAT) Benefits for participating in C-TPAT include a reduced number of CBP inspections, priority processing for CBP inspections, assignment of a C-TPAT supply chain security specialist to validate security throughout the company's supply chain and more. Who is affected: Trade-related businesses, such as importers, carriers, consolidators, logistics providers, licensed customs brokers, and manufacturers.

Customs-Trade Partnership Against Terrorism (C-TPAT) Key requirements/provisions: C-TPAT relies on a multi-layered approach consisting of the following five goals: Ensure that C-TPAT partners improve the security of their supply chains pursuant to C-TPAT security criteria. Provide incentives and benefits to include expedited processing of C-TPAT shipments to C-TPAT partners. Internationalize the core principals of C-TPAT. Support other CBP initiatives, such as Free and Secure Trade, Secure Freight Initiative, Container Security Initiative. Improve administration of the C-TPAT program.

Customs-Trade Partnership Against Terrorism (C-TPAT) Key requirements/provisions: C-TPAT security criteria encompass the following areas: Business partners Conveyance security Physical access control Personnel security Procedural security Physical security Security training/Threat awareness Information technology security

Free and Secure Trade Program (FAST) FAST is a voluntary commercial clearance program run by U. S. Customs and Border Protection for pre-approved, low-risk goods entering the U. S. from Canada and Mexico. Initiated after 9/11, the program allows for expedited processing for commercial carriers who have completed background checks and fulfill certain eligibility requirements. Participation in FAST requires that every link in the supply chain — from manufacturer to carrier to driver to importer — is certified under the C-TPAT program (see above). Cards cost $50 and are valid for 5 years.

Free and Secure Trade Program (FAST) Benefits of using FAST and C-TPAT include: Upon terrorist alerts, FAST/C-TPAT drivers will be allowed to cross the border. Dedicated lanes for greater speed and efficiency Reduced cost of compliance with customs requirements. Who is affected: Importers, carriers, consolidators, licensed customs brokers, and manufacturers.

Free and Secure Trade Program (FAST) Key requirements/provisions: Highway carriers authorized to use the FAST/C-TPAT program need to meet the following requirements: A demonstrated history of complying with all relevant legislative and regulatory requirements. Have made a commitment to security-enhancing business practices, as required by the C-TPAT and Canada's PIP program. Use drivers that are in possession of a valid FAST commercial driver card when using FAST clearance. In the case of carriers seeking FAST clearance into Canada, be bonded and have the necessary business processes required for the Customs Self Assessment (CSA) program.

Children's Online Privacy Protection Act COPPA, which took effect in 2000, applies to the online collection of personal information from children under 13. Monitored by the Federal Trade Commission (FTC), the rules limit how companies may collect and disclose children's personal information. They codify what a Web site operator must include in a privacy policy, when and how to seek verifiable consent from a parent and what responsibilities an operator has to protect children's privacy and safety online. Who is affected: Operators of commercial Web sites and online services directed to children under 13 that collect personal information from children, as well as general audience Web sites with actual knowledge they are collecting personal

Children's Online Privacy Protection Act Key requirements/provisions: Basic provisions of COPPA include: Privacy notice, with specifics on placement and content. A direct notice to parents, with specifics on content. Verifiable parental consent, for internal use, public disclosure and third-party disclosure of information. Verification that a parent requesting access to child's information is actually the parent. Ability for parents to revoke consent and delete information. The ability for industry groups and others to create selfregulatory programs to govern compliance with COPPA.

Fair and Accurate Credit Transaction Act (FACTA), including Red Flags Rule Passed in December 2003, FACTA is an amendment to the Fair Credit Reporting Act that is intended to help consumers avoid identity theft. Accuracy, privacy, limits on information sharing, and new consumer rights to disclosure are included in the legislation. The Act also says businesses in possession of consumer information or information derived from consumer reports must properly dispose of the information.

Fair and Accurate Credit Transaction Act (FACTA), including Red Flags Rule The Red Flags Rule establishes new provisions within FACTA requiring financial institutions, creditors, etc. to develop and implement an identity theft prevention program. The Red Flags Rule has been delayed several times and is currently scheduled for enforcement by the FTC starting December 31, 2010. Who is affected: Credit bureaus, credit reporting agencies, financial institutions, any business that uses a consumer report and creditors. As defined by FACTA, a creditor is anyone who provides products or services and bill for payment.

Fair and Accurate Credit Transaction Act (FACTA), including Red Flags Rule Key requirements/provisions: FACTA includes the following key provisions: Free reports. Consumers can obtain a free credit report once every 12 months from each of the three nationwide consumer credit reporting companies. Fraud alerts and active duty alerts. Individuals can place alerts on their credit histories if identity theft is suspected or if deploying overseas in the military, thereby making fraudulent applications for credit more difficult. Truncation: Credit cards, debit cards, Social Security numbers. Credit and debit card receipts may not include more than the last five digits of the card number or the expiration date. Consumers who request a copy of their file can also request that the first five digits of their Social Security number not be included.

Fair and Accurate Credit Transaction Act (FACTA), including Red Flags Rule Information available to victims. A business that provides credit or products and services to someone who fraudulently uses your identity must give you copies of the documents, such as credit applications. Collection agencies: If a victim of identity theft is contacted by a collection agency about a debt that resulted from theft, the collector must inform the creditor of that. When creditors are notified that the debt is the work of an identity thief, they cannot sell the debt or place it for collection.

Fair and Accurate Credit Transaction Act (FACTA), including Red Flags Rule: Several provisions within FACTA require financial institutions, creditors, etc. to develop and implement an identity theft prevention program, aimed at early detection and mitigation of fraud. The program must include provisions to identity relevant "red flags, " detect these early warning signs, respond appropriately and periodically update the program. Additional provisions include guidelines and requirements to assess the validity of a change of address request and procedures to reconcile different consumer addresses. The deadline for complying with the Red Flags Rule has been extended several times and is currently December 2010. Questions remain as to which companies need to comply with this part of FACTA.

Fair and Accurate Credit Transaction Act (FACTA), including Red Flags Rule Proper disposal of consumer reports. Consumer reporting agencies and any business that uses a consumer report must adopt procedures for proper document disposal to avoid "dumpster diving" by identity thieves. This includes lenders, insurers, employers, landlords, government agencies, mortgage brokers, automobile dealers, attorneys and private investigators, debt collectors, individuals who obtain a credit report on prospective nannies, contractors or tenants. Disputing inaccurate information. Consumers can dispute data included in reports directly with the company that furnished it.

Federal Rules of Civil Procedure (FRCP) In place since 1938, the FRCP discovery rules govern court procedures for civil lawsuits. The first major revisions, made in 2006, make clear that electronically stored information is discoverable, and they detail what, how and when electronic data must be produced. As a result, companies must know what data they are storing and where it is; they need policies in place to manage electronic data; they need to follow these policies; and they need to be able to prove compliance with these policies, in order to avoid unfavorable rulings resulting from failing to produce data that is relevant to a case. Security professionals may be involved in proving to a court's satisfaction that stored data has not been tampered with.

Federal Rules of Civil Procedure (FRCP) Who is affected: Any company that is — or could be — involved in a civil lawsuit within the federal courts. In addition, because states have adopted FRCP-like rules, companies involved in litigation within a state court system are also affected.

Federal Rules of Civil Procedure (FRCP) Key requirements/provisions: There are 13 sections to the FCRP. The major changes pertain to Chapter 5, Rules 26 -37, as these require a detailed understanding of electronic data retention policies and procedures, what data exists and where, as well as the ability to search for and produce this data within the timeframes stipulated. Here is a summary of these rules: Rule 26 (a): Makes clear that electronically stored information is discoverable and that companies must be able to produce relevant data.

Federal Rules of Civil Procedure (FRCP) Rule 26 (b)(2): Clarifies limits on discoverable data; for instance, companies are not required to produce data that would prove to be excessively expensive or burdensome, such as from sources that aren't reasonably accessible, like backup tapes used for disaster recovery and obsolete media. Rule 26 (f): Stipulates that the parties involved need to discuss issues relating to the disclosure or discovery of electronic data before discovery begins. Rule 33 (d): Establishes that a reasonable opportunity is provided to examine and audit the data provided.

Federal Rules of Civil Procedure (FRCP) Rule 34 (b): Establishes that electronic data is as important as paper documents, and that it must be produced in a reasonably usable format. Rule 37 (f): Provides "safe harbor" when electronic data is lost or unrecoverable, as long as it can be proved that good-faith business operations were routinely followed.