Law Commons^™

The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth

Sara Smyth

This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …

Does Australia Really Need Mandatory Data Breach Notification Laws - And If So, What Kind?, Sara Smyth

Sara Smyth

Extract

Mandatory data breach notification laws brought much-needed attention to areas of concern that were previously unknown, particularly organisational inadequacies regarding the security of personal information, and led to innovative organisational practices and regulatory initiatives. This is important given that there is little or no incentive for private and public organisations to report data breach information on their own, particularly given the fear of reputational sanctions.137 Yet, data breach notification laws can also bring publicity to breaches that are relatively minor, and not likely to have a significant impact given the low risk of identity theft, which can unnecessarily lead …