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Full-Text Articles in Law

Data Vu: Why Breaches Involve The Same Stories Again And Again, Woodrow Hartzog, Daniel Solove Jul 2022

Data Vu: Why Breaches Involve The Same Stories Again And Again, Woodrow Hartzog, Daniel Solove

Shorter Faculty Works

In the classic comedy Groundhog Day, protagonist Phil, played by Bill Murray, asks “What would you do if you were stuck in one place and every day was exactly the same, and nothing that you did mattered?” In this movie, Phil is stuck reliving the same day over and over, where the events repeat in a continual loop, and nothing he does can stop them. Phil’s predicament sounds a lot like our cruel cycle with data breaches.

Every year, organizations suffer more data spills and attacks, with personal information being exposed and abused at alarming rates. While Phil …


That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak Jan 2018

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Publications

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …


Cybersecurity Stovepiping, David Thaw Jan 2017

Cybersecurity Stovepiping, David Thaw

Articles

Most readers of this Article probably have encountered – and been frustrated by – password complexity requirements. Such requirements have become a mainstream part of contemporary culture: "the more complex your password is, the more secure you are, right?" So the cybersecurity experts tell us… and policymakers have accepted this "expertise" and even adopted such requirements into law and regulation.

This Article asks two questions. First, do complex passwords actually achieve the goals many experts claim? Does using the password "Tr0ub4dor&3" or the passphrase "correcthorsebatterystaple" actually protect your account? Second, if not, then why did such requirements become so widespread? …


Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank Jan 2016

Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank

Faculty Articles and Other Publications

In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …


Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law Sep 2015

Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Data Breach (Regulatory) Effects, David Thaw Jan 2015

Data Breach (Regulatory) Effects, David Thaw

Articles

No abstract provided.


Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate Jan 2008

Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.