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Home > Blog > Legal > How pending legislation could impact MGM cyberattack investigation and gambling industry
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How pending legislation could impact MGM cyberattack investigation and gambling industry

Innovate Change Team
Last updated: July 24, 2024 11:22 am
Innovate Change Team
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A recent bill introduced in the US House of Representatives aims to halt the Federal Trade Commission (FTC) from investigating the major cyberattack that targeted MGM Resorts International last September. If passed, this Republican-sponsored legislation would not only curtail the FTC’s probe but also implement a significant 27% reduction in the agency’s budget.

Contents
Background of the incidentMagnitude of the attackFTC’s responseLegislative impasseRecent cyberattack concernsPotential impact on the gambling industryFTC’s position on MGM’s obligationsMGM’s legal counterarguments

The proposed budget cuts and restrictions on the FTC’s investigative powers have raised concerns among cybersecurity experts. They argue that such measures could undermine the agency’s ability to effectively respond to similar incidents in the future, leaving both consumers and businesses vulnerable to cyber threats.

As Congress debates this controversial bill, stakeholders in the gambling and hospitality industries are closely monitoring the situation. The outcome could have far-reaching implications for cybersecurity regulations and the overall safety of digital infrastructures in the United States.

The Federal Trade Commission (FTC) has issued a civil investigative demand (CID) targeting MGM Resorts in the wake of a crippling ransomware attack. This CID, issued on January 25, aims to extract detailed information regarding MGM’s data security practices.

Background of the incident

The ransomware attack, which began on September 10, led to significant operational disruptions for MGM. For nine days, the casino giant’s systems were severely affected, impacting a wide array of services. These disruptions included outages in phone lines, email services, credit card transactions, reservation systems, hotel check-ins, and even slot machines.

Magnitude of the attack

The cyberattack exposed vulnerabilities in MGM’s data security, bringing to light the critical need for robust cybersecurity measures. The outage not only inconvenienced patrons but also resulted in substantial financial losses and reputational damage for the company.

FTC’s response

The CID by the FTC underscores the agency’s vigilance and commitment to enforcing data security standards. By scrutinizing MGM’s data protection protocols, the FTC aims to prevent similar breaches in the future and hold companies accountable for inadequate cybersecurity practices.

Despite committee approval in June, it remains unclear when or if the full House will consider the appropriations legislation. Committee Republicans rejected a proposed Democratic amendment to grant greater unilateral action power to the chair of the Federal Trade Commission (FTC). Though the bill was slated for a vote this week, it was postponed by Republican leadership.

Legislative impasse

The passage of appropriations bills is crucial for federal budget approval before October 1. Any delay could lead to budgetary issues and complications in the federal operations. The legislative gridlock is creating uncertainties that could ripple through multiple sectors, including gambling and cyber security.

Recent cyberattack concerns

Adding to the turmoil, the arrest last week of a 17-year-old boy in connection with authorities’ cyberattack investigation into MGM has thrown yet another twist into an already complicated situation. This has heightened security concerns in the gambling industry, raising questions about preparedness and response measures.

Key Issue Status
Appropriations Bill Postponed
Amendment for FTC Power Rejected
Federal Budget Approval Pending Before October 1
Cyberattack Investigation Ongoing

Potential impact on the gambling industry

The delays and disruptions could have a substantial impact on the gambling sector. Operating under fiscal uncertainty could hinder growth and innovation, making it imperative for stakeholders to stay informed and prepared.

MGM has consistently contested the FTC’s CID, arguing in court that the Rules of Practice concerning Petitions to Recuse Commissioners are unconstitutional. The company also asserts that it is not governed by the “Red Flag Rule” and “Safeguards Rule” applied to financial institutions.

FTC’s position on MGM’s obligations

The FTC maintains that MGM is subject to these rules due to its issuance of “markers” for credit play by high-rollers. Conversely, MGM contends that CID’s extensive multi-year requests for information over more than 100 categories are irrelevant to cyberattacks.

MGM’s legal counterarguments

In the lawsuit, MGM claims CID’s requests closely align with Chair Khan’s experiences during a cyberattack, which led to 15 consumer class-action suits against the company. MGM argues that Khan could become a potential witness, necessitating her disqualification from the investigation.

The ongoing legal battle highlights the tensions between regulatory bodies and major corporations over data privacy and security standards.

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By Innovate Change Team
Innovate Change News provides latest news and insights in the iGaming industry. Our mission is to provide comprehensive coverage of the dynamic world of online gaming, offering a blend of breaking news, in-depth analysis, and expert commentary to keep our readers informed and engaged.
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