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Journal of Technology Law & Policy

Document Type

Article

Abstract

The standard nine-to-five, office-centric workday has gone the way of the dinosaur. Much of today’s corporate workforce is equipped with mobile technology that provides new levels of freedom, flexibility and efficiency. A worker can edit a document while exercising on an elliptical machine, drinking a latte at a coffee shop or riding a train. However, the benefits of mobile technology do not come without a price. The changing landscape presents a unique challenge to Information Technology (IT) departments as workers increasingly function outside the security of an office network. The potential for a security breach has always been a concern, and with the emergence of the “mobile blind spot,” this concern has become paramount. A security breach affecting a corporation can destroy consumer confidence and can be devastating to the bottom line. Numerous government regulations can be triggered when a breach occurs and the penalties for failure to comply can be severe. The goal of this Article is to make the reader aware of the mounting mobile age security threats and knowledge about the associated federal and state regulations.

Part II of this Article will examine the rise of mobile technology from its infancy to cutting edge technologies like the smart phone and tablet computer. It will then analyze cloud computing and the competitive advantages mobile technology can provide for a business. Part III will examine the risks that the use of mobile technology presents to a business, such as lost or stolen devices and rapidly developing malware. Part IV will introduce the Federal Trade Commission (FTC) and explain its role in IT security enforcement. Part V will examine the multitude of Federal Regulations relating to data security. Each regulation will be analyzed and enforcement measures will be described. Part IV will focus on the growth of state and federal legislation as it applies to data security. Part VII will examine corporate policies that can be implemented to prevent a mobile security breach.

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