What is the legal framework for managing cyber incidents?

In Maine, the legal framework for managing cyber incidents is formed by a combination of federal and state laws, regulations, and policies. The federal law most relevant to cybersecurity is the Computer Fraud and Abuse Act (CFAA). Under the CFAA, it is a criminal offense to knowingly access a computer without authorization or exceed authorized access, or to use a computer to commit a crime. At the state level, Maine’s Data Security and Breach Notification Law requires businesses that collect and store personal information or sensitive personal information about Maine residents to implement reasonable security measures and to notify affected individuals and the state in the event of a data breach. The state Department of Administrative and Financial Services also has a Cybersecurity Incident Response Plan in place, which outlines the steps to be taken in the event of a data breach, including notifying potentially affected individuals, law enforcement, and state and federal agencies. The plan also provides guidance on how to assess and contain the breach, investigate and respond to the incident, and document and report the breach. Other state laws, such as the Maine Identity Theft Protection and Fraud Prevention Act, can also apply to cases of data breaches and cyber incidents. These laws can provide additional protection to affected individuals and can provide additional penalties for those found responsible for data breaches.

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