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The rise of sophisticated cyber threats means that the task of managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors. Cybersecurity: A Practical Guide to the Law of Cyber Risk provides the practical steps that can be taken to help your clients understand and mitigate today’s cyber risk and to build the most resilient response capabilities possible.
Cybersecurity: A Practical Guide to the Law of Cyber Risk provides a comprehensive discussion of the complex quilt of federal and state statutes, Executive Orders, regulations, contractual norms, and ambiguous tort duties that can apply to this crucial new area of the law. For example, it describes in detail:The leading regulatory role the Federal Trade Commission has played, acting on its authority to regulate unfair or deceptive trade practices;The guidance issued by the SEC interpreting existing disclosure rules to require registrants to disclose cybersecurity risks under certain circumstances;The varying roles of other regulators in sector-specific regulation, such as healthcare, energy, and transportation; andThe impact of preexisting statutes, such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, on current cybersecurity issues.
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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
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We live in a world that is increasingly connected. Our smartphones are now capable of locking and unlocking our front doors at home, turning on lights, checking the camera for packages left on the doorstep. We are able to measure our steps, check our baby monitors, record our favorite programs from wherever we have connectivity. We will soon be able to communicate—or, excuse me, we can communicate with our offices, too—but commute to our offices in driverless cars, trains, buses, have our child’s blood sugar checked remotely, and divert important energy resources from town to town efficiently. These are incredible potentially life-saving benefits that our society is learning to embrace, but we are also learning that these innovations do not come without a cost. In fact, recently we encountered a denial of service attack on a scale never before seen. This attack effectively blocked access to popular sites like Netflix and Twitter by weaponizing unsecured network connected devices like cameras and DVRs. Once these devices came under the command and control of bad actors, they were used to send a flood of DNS requests that ultimately rendered the DNS servers ineffective. As I understand it, at the beginning of this attack it was virtually impossible to distinguish malicious traffic from other normal traffic, making it particularly difficult to mitigate against attack. So how do we make ourselves more secure without sacrificing the benefits of innovation and technological advances? A knee-jerk reaction might be to regulate the Internet of Things. And while I am not taking a certain level of regulation off the table, the question is whether we need a more holistic approach. The United States cannot regulate the world. Standards applied to American-designed, American-manufactured, American-sold devices won’t necessarily capture the millions of devices purchased by the billions of people around the world, so the vulnerabilities might remain. Any sustainable and effective solution will require input from all members of the ecosystem of the so-called Internet of Things. We will need a concerted effort to improve not only device security, but also coordinate network security and improve the relationships between industry and security researchers. We are all in this thing together and industry, Government, researchers, and consumers will need to take responsibility for securing this Internet of Things. So today we will hear from a very distinguished panel of witnesses on some of the approaches that can be brought to bear on this challenge. My hope is that this hearing will help to sustain and accelerate conversations on our collective security and foster the innovation that makes the Internet the greatest engine of communications and commerce the world has ever seen.
Dr. Berg P. Hyacinthe (PhD, Florida State University; LLD Candidate, Assas School of Law, CERSA-CNRS, La Sorbonne) is internationally recognized as an eminent and multidisciplinary scientific investigator. A U.S. patent holder featured in Harvard's Smithsonian/NASA Astrophysics Data System, Dr. Hyacinthe recently served as Assistant Professor and Scientific Advisor to Taibah University's Strategic Science & Advanced Technology Unit. Dr. Hyacinthe held several positions at County and State levels of the U.S Government in the Information Technology arena. He has been featured in conferences held at the U.S. Naval Postgraduate School, Monterey (author); Defence Academy of the United Kingdom, Shrivenham (invited session Chair); and National Defence College, Helsinki (session Chair). In CYBER WARRIORS AT WAR, he draws on the triangular relationship between technology, law, and Information Age warfare to propose solutions against potential charges of having committed Information Operations (IO) war crimes and/or IO crimes against humanity. According to Dr. Hyacinthe, the success of pre-emptive strikes and decisive military operations depends profoundly upon both reliable human intelligence and the versatile skills of 21st century “cyber warriors” whose IO activities are conducted through modern warfare's pentagonal synchrony – land, sea, air, cyberspace, and outer space. Unfortunately, these operations are commonly effectuated under a legal reasoning that is ambiguous in important ways: a threat to the national security of the United States of America and to the entire international community. Hence, as this Essay argues, the evolution of modern computer systems as weapons of war compels wary jurists to turn to the laws that should govern development and use of lethal information technologies. Further, this Essay examines how certain military operations within Information Warfare (IW) require new legal framework, and recounts specific events involving various types of IW conduct and cyber attack: an interesting exposé to jurists, military personnel, policymakers, and the growing and diverse body of information professionals around the world.
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Cyber terrorism is an emerging new mode of information warfare underscoring the perpetrators' deliberate exploitation of civilian and military systems' inherent vulnerabilities, thereby affecting national and global security. This volume includes contributions made by academics, policymakers, and professionals at seminars and conferences co-sponsored by the International Center for Terrorism Studies (Potomac Institute for Policy Studies), and the Terrorism Studies Center (The George Washington University), during the past several years. It also includes statements by key government officials and industry experts at different forums in the United States dealing with both threats and responses.
Included are the statements and assessments of James Adams, Edgar A. Adamson, Madeleine Albright, Mario Balakgie, Elizabeth Banker, Bill Clinton, Fred Cohen, James X. Dempsey, Dianne Feinstein, Kenneth Flamm, Louis J. Freeh, Gideon Frieder, Tom Fuhrman, Charles Giancarlo, Eric Holder, Feisal Keblawi, Jon Kyl, Neal Lane, Joseph Lieberman, Robert T. Marsh, Paul Misener, Roger Molander, Richard Pethia, Janet Reno, Howard Schmidt, Charles Schumer, Robert Shea, David L. Sobel, John Tritak, and Michael A. Vatis.
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