Some states could follow the New York Shield Act’s lead and set clearer regulatory expectations for reasonable cybersecurity. Election security legislation likely not on the agenda.
According to the National Conference of State Legislatures, at least 38 states, along with Washington, DC, and Puerto Rico introduced or considered more than 280 bills or resolutions that deal significantly with cybersecurity as of September 2020. Setting aside privacy and some grid security funding issues, there are two categories of cybersecurity legislative issues at the state level to watch during 2021. The first and most important is spelling out more clearly what organizations need to meet security and privacy regulations. The second is whether states will pick up election security legislation left over from the 2020 sessions.