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Financial Services Law Insights and Observations

NYDFS urges regulating social media companies following hacks

State Issues Privacy/Cyber Risk & Data Security NYDFS Cryptocurrency Virtual Currency

State Issues

On October 14, NYDFS released a report detailing the Department’s investigation into the July 2020 social media hacks of public figures and cryptocurrency firms, concluding that the social media platform lacked adequate cybersecurity protections and recommending increased regulation of large social media companies. The investigation, which was requested by New York Governor Andrew Cuomo, determined, among other things, that (i) the social media hackers obtained log-in credentials from four employees by pretending to be from the company’s IT department; (ii) the hackers stole over $118,000 worth of bitcoin from consumers by tweeting “double your bitcoin” with a link to send bitcoin payments from celebrity accounts and several bitcoin companies; (iii) certain Department-regulated cryptocurrency companies blocked attempted transfers to the hacker’s addresses; and (iv) the social media company lacked adequate cybersecurity protection, including not having “a chief information security officer, adequate access controls and identity management, and adequate security monitoring.” The report recommends that the largest social media companies be designated as “systemically important institutions” subject to an analogue council of the Financial Stability Oversight Council. The report suggests the social media companies should be subject to enhanced regulation, including “stress test[]” scenarios covering cyberattacks and election interference.

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