星期二, 2月 26, 2019

Governor Baker Signs Bill to Enhance Credit Data Security

Governor Baker Signs Bill to Enhance Credit Data Security

BOSTON – Today, Governor Charlie Baker and Lt. Governor Karyn Polito joined legislators and stakeholders for a ceremonial bill signing for H.4806, An Act relative to consumer protection from security breaches.

For high resolution and additional photos, click here.

“Signing this bill into law will better protect Massachusetts consumers from the consequences of data breaches and give individuals more control over their data and how it is used,” said Governor Charlie Baker. “I am thankful to the Legislature for working with our administration to pass a version of this bill that assists consumers while allowing state agencies to perform their statutory responsibilities and comply with state and federal law.”

“This legislation includes important provisions to support and provide additional resources to consumers that are affected by data breaches,” said Lt. Governor Karyn Polito. “We are grateful for the Legislature’s collaboration to strengthen the Commonwealth’s consumer protection laws.”

The legislation requires consumer consent before any third party can obtain the consumer’s credit report from a credit reporting agency for most non-credit purposes. The bill also requires that credit reporting agencies allow a consumer to place a “security freeze” on the consumer’s credit report at no cost and prohibits credit rating agencies from charging a consumer to lift or remove a credit freeze.

The bill enhances reporting requirements for holders of consumer data that have experienced a security breach and requires these holders to offer free credit monitoring to affected consumers in certain circumstances. 

This bill includes language proposed by Governor Baker that ensures that state agencies charged with ensuring payment of child support obligations and protecting the credit history of children under state care may continue fulfill their statutory responsibilities. The bill also maintains access to credit reporting for state agencies and courts that are required by law to review consumer credit information.

“In a fast-moving digital environment where personal data is at risk of being breached every day, it is critical that we tighten up privacy protections for consumers,” said Senate President Karen E. Spilka. “I’m proud of the work the Legislature did to this bill signed into law this past session.”

“Thanks to the work of Rep. Benson, Rep. Chan, and members of the House, Massachusetts residents now have the tools to monitor and safeguard their credit, while companies are now required to be transparent in reporting data breeches to their customers,” said House Speaker Robert A. DeLeo. “This law protects consumers and takes companies to task, putting Massachusetts consumers first.”

“As our world grows increasingly dependent on online industries and systems, protecting the personal information of consumers remains critical while also holding companies responsible for the vast amounts of information they collect,” said Representative Tackey Chan. “I am proud that Massachusetts residents will now have better tools to safeguard their information and will be more informed when breaches do occur. With so many stakeholders involved over the past several months, I want to thank my colleagues in the House and Senate and the Governor for their thoughtful consideration and commitment to producing a strong piece of legislation for our constituents across the Commonwealth.”

“On behalf of the more than 800,000 members in the Commonwealth, we thank Governor Baker for signing into law House Bill No. 4806 - An Act Relative to Consumer Protection from Security Breaches. Older adults are the most common targets of identity theft nationwide. This legislation includes a suite of important consumer protections, and gives consumers control of their credit reports by allowing them to freeze and unfreeze their credit without paying fees to credit reporting agencies. This is an important step in ensuring that Massachusetts consumers are protected from identity theft,” said Mike Festa, AARP Massachusetts State Director.

“This new law is good news for Massachusetts residents as it provides consumers with new tools to protect themselves from identity theft after a security breach like the recently announced ones at Equifax and Marriott,” said Deirdre Cummings, legislative director for MASSPIRG. “Identity theft is a significant problem - last year thieves stole almost $17 billion dollars from American cons.”

TWO MALAYSIAN NATIONALS INDICTED FOR CONSPIRING TO ILLEGALLY EXPORT FIREARM PARTS TO HONG KONG

TWO MALAYSIAN NATIONALS INDICTED FOR CONSPIRING TO ILLEGALLY
EXPORT FIREARM PARTS TO HONG KONG

BOSTON – Two Malaysian nationals were indicted today for conspiring to illegally export firearm parts from the United States to Hong Kong.

Lionel Chan, 35, a resident of Brighton, and Muhammad Mohd Radzi, 26, who resides in Brooklyn, N.Y., were each indicted on one count of conspiring to violate the Arms Export Control Act. Chan was also indicted for obstruction of justice. On Jan. 31, 2019, Chan and Radzi were arrested and charged by criminal complaint.

According to the indictment, beginning in or around March 2018, Chan began purchasing a variety of U.S.-origin firearm parts online, including parts used to assemble AR-15 assault rifles and 9MM semi-automatic handguns, for a buyer located in Hong Kong. Many of the firearm parts that Chan purchased and exported to Hong Kong are defense articles that are designated on the United States Munitions List and therefore cannot be exported from the United States without first obtaining an export license or written authorization from the U.S. Department of State. Nonetheless, Chan allegedly shipped the firearm parts via Federal Express to the buyer in Hong Kong without first obtaining the necessary export licenses. Chan intentionally concealed the contents of the shipments by providing Federal Express with false information about the shipments, and by concealing the parts inside of each package. Between March and May 2018, Chan allegedly shipped at least 12 packages containing firearm parts from Brighton to the buyer in Hong Kong.
In or around April 2018, Radzi allegedly joined the conspiracy and began illegally exporting firearm parts to Hong Kong as well. Between May and October 2018, Radzi allegedly shipped 21 packages from Brooklyn, N.Y., to the buyer in Hong Kong. In October 2018, two of those packages were interdicted by Hong Kong authorities and found to contain numerous firearms parts, including a firing pin and gun sight, which are defense articles and controlled under Category I of the United States Munitions List. Like Chan, Radzi failed to obtain an export license for any of these shipments.
In addition to the conspiracy charge, Chan was also indicted for obstructing justice.  According to the indictment, during a flight from Dublin, Ireland to Boston on January 2, 2019, Chan deleted text messages between himself and the buyer in Hong Kong regarding the illegal export of firearm parts from the United States to Hong Kong without the necessary export licenses.

The charge of conspiring to illegally export firearms provides for a sentence of no greater than five years in prison, one year of supervised release and a $250,000 fine. The charge of obstructing justice provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The Massachusetts State Police and U.S. Customs and Border Protection also assisted with the investigation.  Assistant U.S. Attorneys George P. Varghese and Jason A. Casey of Lelling’s National Security Unit are prosecuting the case.

Details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.