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Comment - The Necessary Evolution of State Data Breach Notification Laws - Keeping Pace with New Cyber Threats Quantum Decryption and the Rapid Expansion of Technology

Washington and Lee Law Review

Volume 79 Issue 1, Article 12

Winter 2022

Beth Burgin Waller^*

Woods Rogers PLC, bwaller ‘at’ woodsrogers.com

Elaine McCafferty^**

Woods Rogers PLC, emccafferty ‘at’ woodsrogers.com

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Recommended Citation Beth Burgin Waller and Elaine McCafferty, Comment: The Necessary Evolution of State Data Breach Notification Laws: Keeping Pace with New Cyber Threats, Quantum Decryption, and the Rapid Expansion of Technology, 79 Wash. & Lee L. Rev. 521 (2022). Available at: https://scholarlycommons.law.wlu.edu/wlulr/vol79/iss1/12

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1. Table of Contents

Table of Contents

• INTRODUCTION

  • I. EMERGING THREATS HAVE UPENDED DATA BREACH NOTIFICATION LAWS

  • II. STATE DATA BREACH STATUTES FAIL TO ADDRESS AUTOMATED WIDESPREAD ACCESS AND UNCLEAR ACQUISITION

  • III. EVOLUTION OF TECHNOLOGY, INCLUDING QUANTUM COMPUTING, REQUIRES CHANGES TO THE CURRENT STATE DATA BREACH NOTIFICATION REGIME

  • IV. THE PUSH FOR FEDERAL LEGISLATION TO UNIFY A NOTICE STANDARD AND ADDRESS THESE CONCERNS

^*Principal, Chair of Cybersecurity & Data Privacy Practice, Woods Rogers PLC; J.D., William & Mary Marshall-Wythe School of Law; B.A., Hollins University.

^** Associate, Woods Rogers PLC; J.D., Washington and Lee University School of Law; B.A., University of Connecticut.