Doctoring up Cybersecurity Standards

Abstract

In today’s technological world, it is common for corporations and individuals alike to enjoy and exploit the benefits of cloud computing. These advancements, however, come with a price as the modern technological age continues to grow. By its very nature, the normal course of business has changed drastically. From private entrepreneurial websites to conglomerates like Amazon, Inc., making purchases online has never been easier. Rather than traveling to your products, consumers today simply create an account with a certain business, enter personal credentials, provide a credit or debit card number for the transaction, and give an address for the shipment of their newly owned product. As a way to facilitate this course of business, it is normal for online venders to utilize their consumer’s information and store it for future use in the event that the consumer would like to purchase again. Due to the storing of valuable information onto the cloud, an increasing number of online security breaches via hacking from unauthorized individuals has occurred. This has led to multiple areas of contention between state laws and regulations, the businesses found therein, along with their valuable stored information and the use of the cloud itself. This Note aims to fill the gaps between the legal and the constantly changing technological world. Since valuable personal property is at stake when consumer information is stored in online databases, it is imperative that laws offering protection provide adequate safeguards to those most at risk. In filling these gaps, this Note first explains the use of cloud computing, including cloud variations and the essential components to these online databases. Second, this Note delves into an in-depth analysis of Federal Trade Commission v. Wyndham Worldwide Corporation, a recent FTC (Federal Trade Commission) case that has provided uncertainty in the cybersecurity world. Third, this Note identifies the gray areas from Wyndham that remain in question as well as provides a foundation of existing case law to shed light on the topic. Fourth, this Note proposes a change in the FTC’s current proceedings to provide a rule that identifies specific cybersecurity measures to obtain adequate protections in the event of cyber attacks.