There is rarely a day that goes by in recent months when the subject of cybersecurity and data privacy is not at the forefront of news stories. Whether related to hacking incidents during the presidential election, a breach at a major U.S. corporation (or two) affecting millions of customers, or the inadvertent divulging of government secrets, cybersecurity is the hot topic of the year. Yet, so often these news stories focus on specific incidents rather than the cybersecurity landscape in general and how it might be evolving as a result.
From the mid-1990s—when the concept of cybersecurity first started to develop with the advent of more sophisticated computer usage—to late 2016, the approach to cybersecurity regulation has routinely consisted of (with some exception) broad, flexible cyber guidance, initiatives or programs with little enforcement mechanisms or actual enforcement. Of course, some industries have always enjoyed more specific regulations (e.g., health care: Health Insurance Portability and Accountability Act of 1996 (HIPPAA), Health Information Technology for Economic and Clinical Health Act (HITECH); banks/financial services companies: Gramm-Leach-Bliley Act (GLBA)), but only in recent years has there been an increase in enforcement for failure to implement or follow certain cybersecurity protections.
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