by G. Martin Bingisser
4 Shidler J. L. Com. & Tech. 9 (2008)
Constitutional & Regulatory
2/25/2008
This Article discusses state laws requiring notification of a party whose personal information is held by a business or government agency when the third party’s security is breached and an unauthorized person accesses the personal information. In the wake of the 2005 ChoicePoint data breach, over half of the states passed legislation requiring that companies notify the affected parties after breach of personal information. Most of the state statutes followed the model set forth by California’s Security Breach Notification Act of 2002. However, significant variations exist between the different statutes, which can create compliance problems. This Article specifically illustrates the relevant differences, analyzes the effect of the statutes, and discusses the policy implications of such legislation.
by Jennifer W. Chiang
4 Shidler J. L. Com. & Tech. 2 (2007)
Constitutional & Regulatory
6/6/2007
It is disputed whether the United States has a blanket federal prohibition on Internet gambling. As a result of the lack of cohesive federal oversight, states have passed their own Internet gambling laws which, depending on the state’s approach, may regulate making bets online, taking bets online and transferring money between bettor and casino. Some even extend to regulating speech and Internet casino advertisements. For example, card rooms and Indian casinos are prevalent in Washington State, but the state legislature recently made placing a bet over the Internet a Class C felony. This Article will analyze the current framework for Internet gambling regulations, with a brief overview of the federal Unlawful Internet Gambling Enforcement Act of 2006. It will detail the various kinds of regulations utilized at the state level and analyze their interplay with federal law in the United States.
By Laura Dunlop
3 Shidler J. L. Com. & Tech. 16 (2007)
Constitutional & Regulatory
4/6/2007
President George W. Bush's administration has outlined initial necessary steps to transform the healthcare delivery system through adoption of interoperable electronic health records ("EHRs") by the year 2014. This Article examines the nation's shift toward the use of EHR technology, which largely facilitates patient care by providing clinicians with the ability to review a more complete medical record at the time of treatment. Current legislation calls for financial support and technical standards. However, lawmakers neglect to fully address the Health Insurance Portability and Accountability Act ("HIPAA") and the need to expand its application and enforcement. In addition, healthcare provider Anti-Kickback and physician self-referral statutes may continue to deter electronic connectivity progress in healthcare, despite recently finalized safe harbor regulations. The Article concludes that while lawmakers have demonstrated strong support for the health information technology ("HIT") initiatives, significant challenges remain to EHR adoption, including the lack of interoperability standards, financial obstacles, and privacy and security concerns.