Legal Issues: Security and Privacy with Mobile Devices

Industry-Specific Laws

Although comprehensive policy remains a challenge, there have been strides made in the passage of laws in specific industries and areas where the U.S. government and by representation, most U.S. citizens have acknowledged and likely accepted the need for national regulation regarding the security and safety of information. An early attempt at protecting electronic information from unauthorized access, is the Electronic Communications Privacy Act (“ECPA”). This Act criminalizes the unauthorized access of the electronic communications of another without the owner’s or recipient’s permission (Electronic Communications Privacy Act, 1988). Although probably not contemplated by the Act in its inception, mobile devices which transmit electronic communications in the form of e-mail and other forms of communication are likely covered by the ECPA (Electronic Communications Privacy Act,1988). However, this Act does not go far enough in that it does not deal more specifically with the more sophisticated nature of cyber attacks today.

Next, health information is probably for many the most important area of information that needs protection from attacks. Through the Health Insurance Portability and Accountability Act (“HIPAA”), the U.S. Government has provided for the creation of national standards for both the practical and technical security of health information (Health Insurance Portability and Accountability Act, 2000); Security Rule and Privacy Rule, 2003). Through subsequent standards adopted by the U.S government, these technical standards include such safeguards as the use of encryption, passwords, and other means of protecting health information from cyber attacks (Health Insurance Portability and Accountability Act, 2000; Security Rule and Privacy Rule, 2003).