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Cybersecurity; cyberattack; intellectual property rights; Russia; Russian hackers; hacking; national security; property secrecy; 2016 U.S. Presidential Election; anticircumvention; circumvention; Digital Millennium Copy Act; DMCA; Invention Secrecy Act; Atomic Energy Act
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Full-Text Articles in Law
No Security Through Obscurity: Changing Circumvention Law To Protect Our Democracy Against Cyberattacks, Andrew Moshirnia
No Security Through Obscurity: Changing Circumvention Law To Protect Our Democracy Against Cyberattacks, Andrew Moshirnia
Brooklyn Law Review
Cybersecurity is increasingly vital in a climate of unprecedented digital assaults against liberal democracy. Russian hackers have launched destabilizing cyberattacks targeting the United States’ energy grid, voting machines, and political campaigns. America's existing inadequate cyber defenses operate according to a simple assumption: hide the computer code that powers critical infrastructure so that America's enemies cannot exploit undiscovered weaknesses. Indeed, the intellectual property regime relies entirely on this belief, protecting those who own the rights in computer code by punishing those who might access and copy that code. This “security through obscurity” approach has failed. Rightsholders, on their own, cannot develop …