Law Commons^™

Was The Colonial Cyberattack The First Act Of Cyberwar Against The U.S.? Finding The Threshold Of War For Ransomware Attacks, Liam P. Bradley

St. John's Law Review

(Excerpt)

On May 7, 2021, “DarkSide,” a foreign hacker group, conducted a ransomware attack against the Colonial Pipeline (“Colonial”). That morning, Colonial discovered a “ransom note demanding cryptocurrency.” The attack forced the shutdown of the Colonial Pipeline, stopping the daily delivery of 2.5 million barrels (MMBbls) of “gasoline, jet fuel and diesel” to the East Coast. The shutdown created fuel shortages, impacted financial markets, and panicked the public. The resulting fuel shortages and economic impacts “triggered a comprehensive federal response” on May 11, 2021. On May 12, CEO Joseph Blount paid a ransom of nearly $5 million in bitcoin to …

Cyber Trespass And Property Concepts, Adam Macleod

IP Theory

No abstract provided.

Cyber Insurance Today: Saving It Before It Needs Saving, Angela Nieves

Catholic University Journal of Law and Technology

Cyber insurance, which covers a company’s losses and costs stemming from a cyberattack, represents a nearly $5 billion global market. But have stakeholders shaped a sustainable model? This article analyzes contrasting claims about the viability of cyber insurance. It proposes measures to ensure the survival of the cyber insurance market, which should be immediately addressed given the current state of the world and the fact that even pre-COVID-19, businesses worldwide stood to lose over $5.2 trillion over the next five years due to cybercrimes. Unless action is taken to mitigate the fallout from cyber events, the cyber insurance market will …

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo

University of Richmond Law Review

No abstract provided.

Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson

Loyola of Los Angeles Law Review

Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …

Regulating Cyber-Security, Nathan Alexander Sales

Northwestern University Law Review

The conventional wisdom is that this country’s privately owned critical infrastructure—banks, telecommunications networks, the power grid, and so on—is vulnerable to catastrophic cyber-attacks. The existing academic literature does not adequately grapple with this problem, however, because it conceives of cyber-security in unduly narrow terms: most scholars understand cyber-attacks as a problem of either the criminal law or the law of armed conflict. Cyber-security scholarship need not run in such established channels. This Article argues that, rather than thinking of private companies merely as potential victims of cyber-crimes or as possible targets in cyber-conflicts, we should think of them in administrative …