American University Law Review

Articles from Vol. 62, No. 5, 2013

"America the Virtual: Security, Privacy, and Interoperability in an Interconnected World": Leap-Ahead Privacy as a Government Responsibility in the Digital Age
Thank you for your invitation to speak at today's symposium, whose theme, "America the Virtual: Security, Privacy, and Interoperability in an Interconnected World," is without a doubt both timely and important. The issues you are discussing and debating...
FTC V. Labmd: FTC Jurisdiction over Information Privacy Is "Plausible," but How Far Can It Go?
INTRODUCTIONCompanies in nearly every industry collect, store, and use personal information from consumers. Recently, company databases have become the target of increasingly sophisticated attacks aimed at stealing this information. Data breaches occur...
Hacker's Delight: Law Firm Risk and Liability in the Cyber Age
INTRODUCTIONIn October 2012, former Secretary of Defense Leon Panetta made headlines at a speech in New York when he warned of an impending "cyber Pearl Harbor."1 He cautioned that the United States' critical infrastructure, such as the electric grid,...
Identity Crisis: Seeking a Unified Approach to Plaintiff Standing for Data Security Breaches of Sensitive Personal Information
Today, information is largely stored and transmitted electronically, raising novel concerns about data privacy and security. This data frequently includes sensitive personally identifiable information that is vulnerable to theftand exposure through illegal...
Mapping Today's Cybersecurity Landscape
I. AMERICA THE VIRTUAL: SECURITY, PRIVACY, AND INTEROPERABILITY IN AN INTERCONNECTED WORLDCyberthreats recently overtook terrorism as the number one global threat to America, according to the 2013 global threat assessment performed by the U.S. intelligence...
Regulating Information Security in the Government Contracting Industry: Will the Rising Tide Lift All the Boats?
The government is strengthening cyber and information security regulations to address increasing cybersecurity risks. These regulations will affect government contractors in many ways; for instance, contractors must apply new technologies to monitor...
Reining in the Rogue Employee: The Fourth Circuit Limits Employee Liability under the Cfaa
The Fourth Circuit's opinion in WEC Carolina Energy LLC v. Miller reflects a growing trend among the courts to adopt a narrow code approach to employee liability under the Computer Fraud and Abuse Act. The case exacerbates the existing circuit split...
Toward Cyberpeace: Managing Cyberattacks through Polycentric Governance
Views range widely about the seriousness of cyberattacks and the likelihood of cyberwar. But even framing cyberattacks within the context of a loaded category like war can be an oversimplification that shifts focus away from enhancing cybersecurity against...
When Cyberweapons End Up on Private Networks: Third Amendment Implications for Cybersecurity Policy
INTRODUCTIONIn the summer of 2010, Microsoftreported a new "zero-day" vulnerability1 in Windows XP that allowed malicious software to be executed from USB drives.2 Two months later, it was discovered that a sophisticated computer worm called "Stuxnet"...
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