Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization, or in excess of authorization. Key consideration for defining authorized access levels and penalties for violations.
Electronic Communications Privacy Act (ECPA): Protects electronic communications while in transit and stored on electronic systems. Essential for defining how network communications are monitored and protected.
Stored Communications Act (SCA): Part of ECPA that specifically addresses voluntary and compelled disclosure of stored wire and electronic communications and transactional records.
Federal Information Security Management Act (FISMA): Defines framework for protecting government information, systems and assets. Relevant if agreement involves government agencies or contractors.
HIPAA: Regulates the use and disclosure of protected health information. Must be considered if network access involves healthcare data or healthcare providers.
Gramm-Leach-Bliley Act (GLBA): Requires financial institutions to explain information-sharing practices and protect sensitive data. Relevant if financial data is transmitted through network.
Children's Online Privacy Protection Act (COPPA): Imposes requirements on operators of websites or online services directed to children under 13. Must be considered if network services might be accessed by children.
State Data Breach Notification Laws: Various state-specific requirements for notifying individuals of data breaches. Must be incorporated into incident response protocols.
California Consumer Privacy Act (CCPA): Provides California residents with data privacy rights. Must be considered if network users include California residents.
Payment Card Industry Data Security Standard (PCI DSS): Security standards for organizations handling credit card data. Essential if network transmits payment card information.
Telecommunications Act of 1996: Primary law governing telecommunications policy. Provides framework for network service provisions and communications regulations.
E-SIGN Act: Facilitates the use of electronic records and signatures in interstate and foreign commerce. Important for electronic execution of the agreement.
Uniform Commercial Code (UCC): Governing commercial transactions across states. Relevant for contract formation and enforcement aspects of the agreement.
GDPR Considerations: While not U.S. legislation, must be considered if network access extends to EU residents or involves processing EU resident data.
SOX Compliance: Sarbanes-Oxley Act requirements for corporate responsibility, especially regarding IT controls and financial reporting. Relevant if publicly traded companies are involved.
