Time: Tuesday Dec 16th at 4pm
Place: Gunness Student Center Conference Room.
Refreshments will be served at 3:45pm.
Title: Legislative and Regulatory Developments in Information Security
Speaker: Mark MacCarthy, Adjunct Professor of Georgetown University
This talk develops the argument that a role for government regulation of information
security is warranted because of significant externalities in this market. The point
is illustrated by an examination of the financial incentives established by the legal
structure and private sector practice in the payment card industry. I discusss the
range of legislative and regulatory responses to this externality. At the state level,
I describe breach notification laws, cost recovery requirements and specific security
mandates, noting the advantages and disadvantages of each approach. At the federal
level, I discuss the actions taken by the Federal Trade Commission, and the legislative
approaches developed over the two Congresses. I address the possibiity of changes at
the FTC under the new Administration and the likelihood of passage of information
security legislation in the new Congress. Finally, I report on changes in information
security rules in other countries, including developments in the European Commission,
the UK, Australia and Canada.
Mark MacCarthy is currently adjunct professor at Georgetown University's Communication,
Culture, and Technology Program, where he teaches courses on the economics of
network industries and public policy toward network industries. He is also an adjunct
member of Georgetown University’s Department of Philosophy where he teaches courses
in the political philosophy. He does research and consults in the areas of information
privacy and security, ecommerce and other technology policy issues. He is currently
designated as the appointed expert of the American National Standards Institute on the
International Organization For Standardization (ISO) Technical Management Board (TMB)
Task Force On Privacy.
From 2000 to 2008, Mark MacCarthy was Senior Vice President for Global Public Policy
at Visa Inc. He was responsible for global government relations strategies and initiatives
affecting electronic commerce, technology policy, information security, privacy, risk
management, credit, debit and prepaid payment cards and innovative products such as
payWave and Visa’s mobile telephone platform. He was also responsible for coordinating
working relationships with consumer and privacy groups. He regularly represented Visa
before the U.S. Congress, the U.S. Administration, the U.S. Federal Trade Commission,
the U.S federal financial regulators and multi-governmental groups such as the OECD and APEC.
Mark MacCarthy has extensive experience in Washington DC public policy making and
government affairs. Prior to joining Visa, Mr. MacCarthy spent six years as a principal
and senior director with the Wexler-Walker Group, a Washington government affairs consulting
firm, where he worked with a variety of clients on electronic commerce, financial services,
privacy and telecommunications. He was Vice President in charge of Capital Cities/ABC's
Washington office from 1988 to 1994, representing the company’s interests before Congress,
the Federal Communications Commission and other administrative agencies. From 1981 to 1988,
he was a professional staff member on the U.S. House of Representative’s Committee on
Energy and Commerce, where he handled communications policy and other issues for the
Chairman of the Committee, Representative John D. Dingell, Jr. (D-MI). From 1978 to 1981,
Mr. MacCarthy worked as an economist performing regulatory analyses of safety and health
regulations at the U.S. Occupational Safety and Health Administration.
Mr. MacCarthy has a Ph.D in philosophy from Indiana University and an MA in economics
from the University of Notre Dame. He has published a number of articles on government
regulation and information security. He has taught introduction to philosophy and political
philosophy at Notre Dame and philosophy of economics at Maryland University.