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On October 1st, the state will require encryption for all transmissions for all businesses that send personal, identifiable information over the Internet. Given that this private information is being sent over a public source, this requirement is a good thing for customers, even if it presents challenges for businesses.
Signed into law in 2005, the Nevada statute will become enforceable next month and states:
"A business in this state shall not transfer any personal information of a customer through an electronic transmission other than a facsimile to a person outside of the secure system of the business unless the business uses encryption to ensure the security of electronic transmission."
While the statute will soon become law, some believe that it is not ready to be enforceable. Donald Sears on the "Bottom Line" noted that according to Bryce Earl, a Las Vegas-based attorney with Santoro, Driggs, Walch, Kearney, Holley & Thompson, the statute has some problems that could make it difficult to follow and difficult to enforce.
These problems include the broad definition of encryption, the lack of coordination with industry standards and the unclear nature of penalties both criminal and civil.
- NRS 205.4742 "Encryption" defined. "Encryption" means the use of any protective or disruptive measure, including, without limitation, cryptography, enciphering, encoding or a computer contaminant, to:
- Prevent, impede, delay or disrupt access to any data, information, image, program, signal or sound;
- Cause or make any data, information, image, program, signal or sound unintelligible or unusable; or
- Prevent, impede, delay or disrupt the normal operation or use of any component, device, equipment, system or network.
-Dennis
Eloqua
Don’t Just Send, Deliver!
Last 5 posts by Dennis Dayman
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- How NOT to react to spam complaints - January 9th, 2012
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- The passing of a great mind and great friend - November 17th, 2011
