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Full-Text Articles in Law
It's Time To Reform The U.S. Vulnerabilities Equities Process, Amy Gaudion
It's Time To Reform The U.S. Vulnerabilities Equities Process, Amy Gaudion
Faculty Scholarly Works
No abstract provided.
What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells
What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells
Indiana Law Journal
This Comment will argue that the Supreme Court should analyze standing in data breach litigation under a standard that is deferential to state statutory and common law. Specifically, federal standing analysis should look to state law when determining whether an injury is concrete such that the injury-in-fact requirement is met. Some argue that allowing more data breach cases to proceed to the merits could lead to an explosion of successful litigation and settlements, burdening the federal courts and causing economic losses for the breached businesses. These concerns may be valid. But if state law provides a remedy to the harm …
The Evolution Of Legal Risks Pertaining To Patch Management And Vulnerability Management, James T. Kitchen, David R. Coogan, Keeton H. Christian
The Evolution Of Legal Risks Pertaining To Patch Management And Vulnerability Management, James T. Kitchen, David R. Coogan, Keeton H. Christian
Duquesne Law Review
This article begins with an overview, in non-technical terms, of the tools generally available and processes implemented for vulnerability management and patch management. Section II identifies some of the evolving security standards that regulators and plaintiffs may rely on to show that companies are legally required to have vulnerability management and patch management. Section III identifies U.S. legal implications of vulnerability management and patch management and factors that a court and regulators may consider.
Show Me The (Data About The) Money!, Nizan Geslevich Packin
Show Me The (Data About The) Money!, Nizan Geslevich Packin
Utah Law Review
Information about consumers, their money, and what they do with it is the lifeblood of the flourishing financial technology (“FinTech”) sector. Historically, highly regulated banks jealously protected this data. However, consumers themselves now share their data with businesses more than ever before. These businesses monetize and use the data for countless prospects, often without the consumers’ actual consent. Understanding the dimensions of this recent phenomenon, more and more consumer groups, scholars, and lawmakers have started advocating for consumers to have the ability to control their data as a modern imperative. This ability is tightly linked to the concept of open …
Recognizing The Role Of Inspectors General In The U.S. Government's Cybersecurity Restructuring Task, Amy Gaudion
Recognizing The Role Of Inspectors General In The U.S. Government's Cybersecurity Restructuring Task, Amy Gaudion
Faculty Scholarly Works
Months prior to the 2015 public disclosure of a data breach at the U.S. government’s Office of Personnel and Management (OPM), the Office of the Inspector General for OPM issued a report that identified significant deficiencies and material weaknesses in a number of the agency’s information systems and IT security programs. In response to the 2020 SolarWinds supply chain hack, attributed to Russia, calls are underway for inspectors general to conduct audits and inspections and to review prior inspector general assessments of information systems and vulnerabilities at federal agencies. The use of inspectors general to assess information system vulnerabilities and …
Persuasion About/Without International Law: The Case Of Cybersecurity Norms, Steven R. Ratner
Persuasion About/Without International Law: The Case Of Cybersecurity Norms, Steven R. Ratner
Book Chapters
International law on cybersecurity is characterized by at best a thin consensus on the existence of rules, their meaning, and the desirability and content of new rules. This legal landscape results in a unique pattern of argumentation and persuasion by states and non-state actors both in advocating for a regulatory scheme for cyber activity and in reacting to malicious cyber acts. By examining argumentation in the absence of a generally agreed legal framework, this chapter seeks to provide new insights into the motivations for and effects of international legal argumentation in shaping debates and behavior. After describing the legal landscape …