Nation's first encryption law

For the first time in the United States, a law specifies that encryption be used for the transmission of any electronic data. Nevada's NRS 597.970, which went into effect on Oct. 1, states: “A business in this State shall not transfer any personal information of a customer through an electronic transmission other than a facsimile to a person outside of the secure system of the business unless the business uses encryption to ensure the security of electronic transmission.”

While 39 states have already passed data protection laws, most requiring disclosure of breaches, and several other states with data laws introduced, Nevada's statute is thought to be the first law requiring encryption of transmitted data.

But a consensus is hard to reach on what effect this law might have.