Are there any laws covering the use of encryption in telecommunications?
Yes, New York State has laws covering the use of encryption in telecommunications. According to the New York State Department of Financial Services (DFS), encryption is defined as “the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without special knowledge.” In other words, it is a way to codify data so that only those with special knowledge (such as the user of the encryption) can access and understand it. In New York, any individual or business that “uses, stores, transmits or transports” encrypted information must use standards set out by the DFS. This includes the use of “strong” encryption methods and the ability to monitor access to the encrypted information. The DFS also has specific requirements for encrypting electronic information, including the use of key management, authentication, and access control. In addition, New York law also states that any individual or business that uses encryption must have written policies and procedures in place to manage the use of encryption and must document all encryption activities. This includes the ability to recover encrypted data if necessary. Finally, any business dealing with encryption must report any security lapses that occur to the DFS. Overall, the laws of New York State cover the use of encryption in telecommunications to ensure that data is secure and that the usage of encryption is properly monitored. Adhering to these laws will help ensure that individuals and businesses are following best practices when it comes to the use of encryption.
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