US Broadband in 2021; Policies Promoting Infrastructure, Competition, National Security and Universal Access

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During his presidential campaign, President Biden committed “to build back better in rural America” by “expand[ing] broadband, or wireless broadband via 5G, to every American.” Last month, President Biden renewed his focus on “universal broadband” through the announcement of a bipartisan agreement for a large infrastructure bill that highlights broadband connectivity. Between setting the goal and realizing congressional appropriations to implement his “Build Back Better” initiative, federal (and in some situations, state) regulators have also confronted several important broadband infrastructure issues this year as they balance an understandable desire for competition and choice among broadband networks and service offerings against the practical challenges and economic realities of broadband deployment. What progress has the Biden Administration made so far?

Broadband is more important now than ever. According to a 2021 report by Parks Associates, 41% of US broadband households have been working or attending schools remotely, with the COVID-19 pandemic having driven approximately 7.2% of those households to upgrade their broadband network last year. Terabytes of data are communicated and shared every second through broadband Internet platforms – the most ubiquitous means of communication and connection.

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Significant Changes Proposed to UK GDPR

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The U.K. government recently launched a consultation proposing significant changes to the U.K. General Data Protection Regulation (UK GDPR). The U.K. aims to craft a bespoke “pro-growth and pro-innovation regime whilst maintaining…world-leading data protection standards.” The Consultation sets out in detail the significant reforms which the U.K. government seeks to implement – at the potential risk of losing its adequacy status for data transfers from the EU.

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Zombie PHR Breach Rule Rises From the Dead

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If an entity that offers a personal health record identifies a breach of information in that record, it is required to provide notice to each impacted individual and to the FTC within 60 calendar days of discovery.

Yesterday, the FTC issued a policy statement announcing a new interpretation of the FTC’s 10-year-old “Personal Health Record Breach Notification Rule.” As the FTC acknowledges, this rule has never been enforced by the FTC. The FTC’s announcement indicates its intention to begin enforcing this rule, which allows the FTC to assess penalties of $43,792 per day of violation.

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Faegre Drinker on Law and Technology Podcast: How To Use Data Analytics in Your Investigation

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When responding to a high-pressure cyber incident, a strong data analytics team is invaluable — and can almost allow attorneys to see into the future. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with Jay Brudz, partner at Faegre Drinker and Tritura managing executive director, and Kenny Darrell, Tritura senior data scientist, to discuss the use of data analytics in investigations.

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Disruptionware VII: The Evolution of Disruptionware and the Growth of Ransomware as a Service (RaaS)

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I have written multiple times about the danger of disruptionware to both Information Technology (IT) networks as well as Operational Technologies (OT) networks of victims globally. As discussed here, many different nefarious tools make up the disruptionware “tool kit.” These tools include, but are not limited to:

  • Ransomware
  • Wipers
  • Bricking capabilities tools
  • Automated components
  • Data exfiltration tools
  • Network reconnaissance tools

The most well-known and most used of all these tools is ransomware malware. Ransomware attacks have grown exponentially over the past few years. Dozens of ransomware gangs are launching ransomware attacks and terrorizing and extorting businesses throughout the world. This has included specific attacks against the U.S. energy sector as well as U.S. infrastructure projects.

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