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Major laws Legal guide Contract issues Toolkit Roadmap

Major laws Computer Fraud and Abuse Act - 18 USC 1030 Wiretapping – 18 USC 2511 Stored Communications Act ( ) – 18 USC 2701 Destruction of communication devices – 18 USC 1362 Patriot Act – amends many laws RICO Foreign Intelligence Surveillance Act (FISA) Medical Computer Crime Act State laws

Major laws KnowledgeExceeding authorityInfrastructure that is not public / openDisclosure / retention of data

Major laws CFAA – up to 20 yearsSCA – 5 years in the absence of maliceWiretapping – 5 years

Major laws Penalty considerations Potential and actual loss Sophistication and planning involved Purpose of offense Intent Impact on privacy rights National security Interference with critical infrastructure Threat to public health

Legal guide ScopePermissionThird partiesAccess

Legal guide Scope What is the customer trying to protect? Systems to be protected Limitations on testing Types of information processed

Legal guide Permission Methods to be used Types of customers serviced Categories of information held Data to be retained Data to be purged

Legal guide Third parties Who are customer’s third party vendors? Does customer contract allow testing? Will you use third parties? Consider law enforcement and prosecutorial priories

Access Document data to which you have access Limit the number of employees who have access to data Create and implement access policies Require written notice Legal issues

Contract PermissionScope of accessIndemnificationTermination issues

Contract Permission and Scope of Access Customer grants Company full and unlimited access to the information and systems set out on the Statement of Work (Access). Access is only limited by the express statements set out in the Statement of Work. Company agrees to keep complete and accurate records of its activities related to Access. Company shall be entitled to produce these records should it be alleged that Company has exceeded the Access authorized by Customer. You must have express permission

Indemnification Customer hereby releases and agrees to indemnify and defend Company, and any and all directors, officers, employees, contractors and agents of Indemnitee (collectively, the “Indemnitees”) from and against any and all liabilities, claims, losses, damages, costs, and expenses, including reasonable attorneys’ fees arising out of or in any way relating to the activities set out on the Statement of Work. This indemnification obligation shall extend to claims brought by customers of Customer and any third party claiming injury of any sort from the activities set out in the Statement of Work. In addition, the indemnification obligation shall extent to any charges brought against Company by a law enforcement or regulatory entity of any type based on the activities contemplated in this Agreement. Contract Indemnification must be broad and extend to end users / law enforcement

Termination Contract Upon termination or expiration of this Agreement, Company shall delete all data and provide Customer with written confirmation of this deletion. Company shall also instruct any entities who have had access to the data to also delete it and provide Customer with written certification of this deletion. The security obligations set out in this Agreement relating to the data shall survive termination or expiration of this Agreement until such time as the data is completely deleted by Company. Company shall require this provision, or one similarly protective of Customer’s rights in all its contracts with suppliers or other vendors who provide aspects of the Services. Company may keep copies of data created pursuant to this Agreement, subject to this paragraph When agreement terminates, your rights terminate.

Toolkit Determine how services will be usedEvaluate customer’s data structure Understand end user’s data Determine the type of data you may retainHigh risk regulatory areasDisposition of data on termination

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