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Full-Text Articles in Law
Best Practices And The State Of Information Security, Kevin Cronin
Best Practices And The State Of Information Security, Kevin Cronin
Chicago-Kent Law Review
The forces of globalization, together with widely available industry standards and best practices, and heightened state legislative activity, are driving the U.S. towards a more unified approach to data security. But the success of this unified approach requires more than free market efficiency and innovation. In order to maintain a state of evolutionary equilibrium in the global information economy, the U.S. must move from a fragmented approach towards data security and privacy standards, towards a more comprehensive set of standards with new penalties and effective enforcement, to better reflect the inherent value of personal data in today's global marketplace.
Patenting Cryptographic Technology, Greg Vetter
Patenting Cryptographic Technology, Greg Vetter
Chicago-Kent Law Review
The policy concerns intersecting patent law and cryptographic technology relate to the technology's beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent …
Data Collection And Leakage, Philip Howard, Kris Erickson
Data Collection And Leakage, Philip Howard, Kris Erickson
Chicago-Kent Law Review
Every year millions of digital records containing personally identifiable information are exposed. When are malicious hackers to blame, and when is it organizational malfeasance? Which kinds of organizations—private firms, government agencies, or educational institutions—lose the most data? With over 1.9 billion records lost (on average that's 9 records per U.S. adult), a surprising number of breaches can be attributed to organizational practices.
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Chicago-Kent Law Review
This essay argues that data security is important to the protection of trade secret information, and that trusted employees on the inside pose the biggest threat to the protection of trade secrets. While investments in technical measures such as firewalls and encryption are important, it is also necessary for companies to consider the internal threats from employees when creating corporate security programs. Ultimately, a more comprehensive approach that includes technical and human elements, as well as consideration of inside and outside threats is likely to be more effective in the battle to secure data.
Returning To A Principled Basis For Data Protection, Gus Hosein
Returning To A Principled Basis For Data Protection, Gus Hosein
Chicago-Kent Law Review
Society must remain conscious of both pragmatic and principle-based rationales for information security rules. The identity card debate in the United Kingdom provides an example of exactly why a governmental information security approach that is sensitive to civil liberties would be the best approach to data protection. In contrast, we should be cautious of a balancing test that places security in parity with civil liberties and, therefore, erroneously allows pragmatism to triumph over principle.
Optimal Hackback, Jay P. Kesan, Ruperto Majuca
Optimal Hackback, Jay P. Kesan, Ruperto Majuca
Chicago-Kent Law Review
Professor Jay Kesan from the University of Illinois College of Law, in joint work with Ruperto Majuca of the University of Illinois Department of Economics, argue in favor of legal rules that allow "hacking [data] back" in certain business circumstances. They analyze the strategic interaction between the hacker and the attacked company or individual and conclude that neither total prohibition nor unrestrained permission of hack-back is optimal. Instead, they argue that when other alternatives such as criminal enforcement and litigation are ineffective, self-defense is the best response to cybercrime because there is a high likelihood of correctly attacking the criminal, …
Information Security, Contract And Liability, Jennifer Chandler
Information Security, Contract And Liability, Jennifer Chandler
Chicago-Kent Law Review
Various common provisions in software end user license agreements undermine cyber security. These include anti-benchmarking provisions and broad exclusions of liability. These short comments suggest that courts and legislatures should take steps to limit the enforceability of contractual provisions that undermine cyber security.
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Chicago-Kent Law Review
Threats to consumer privacy are many, and varied. Some threats come from corporate entities such as data aggregators and social networking sites; while others come from panoptics government surveillance systems such as Secure Flight. Not only can the data be compromised, but consumers may be adversely affected by incorrect information in their files. The time may be right to explicitly protect privacy via a constitutional amendment to the U.S. Constitution.
Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle
Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle
Articles by Maurer Faculty
No abstract provided.