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Cybersecurity is an increasing problem for which the market may fail to produce a solution. The ultimate source is that computer owners lack adequate incentives to invest in security because they bear fully the costs of their security precautions but share the benefits with their network partners. In a world of positive transaction costs, individuals often select less than optimal security levels. The problem is compounded because the insecure networks extend far beyond the regulatory jurisdiction of any one nation or even coalition of nations. This book brings together the views of leading law and economics scholars on the nature of the cybersecurity problem and possible solutions to it. Many of these solutions are market based, but they need some help, either from government or industry groups or both. Indeed, the cybersecurity problem prefigures a host of 21st century problems created by information technology and the globalization of markets.
This book presents a novel framework to reconceptualize Internet governance and better manage cyber attacks. Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.
We depend on information and information technology (IT) to make many of our day-to-day tasks easier and more convenient. Computers play key roles in transportation, health care, banking, and energy. Businesses use IT for payroll and accounting, inventory and sales, and research and development. Modern military forces use weapons that are increasingly coordinated through computer-based networks. Cybersecurity is vital to protecting all of these functions. Cyberspace is vulnerable to a broad spectrum of hackers, criminals, terrorists, and state actors. Working in cyberspace, these malevolent actors can steal money, intellectual property, or classified information; impersonate law-abiding parties for their own purposes; damage important data; or deny the availability of normally accessible services. Cybersecurity issues arise because of three factors taken together - the presence of malevolent actors in cyberspace, societal reliance on IT for many important functions, and the presence of vulnerabilities in IT systems. What steps can policy makers take to protect our government, businesses, and the public from those would take advantage of system vulnerabilities? At the Nexus of Cybersecurity and Public Policy offers a wealth of information on practical measures, technical and nontechnical challenges, and potential policy responses. According to this report, cybersecurity is a never-ending battle; threats will evolve as adversaries adopt new tools and techniques to compromise security. Cybersecurity is therefore an ongoing process that needs to evolve as new threats are identified. At the Nexus of Cybersecurity and Public Policy is a call for action to make cybersecurity a public safety priority. For a number of years, the cybersecurity issue has received increasing public attention; however, most policy focus has been on the short-term costs of improving systems. In its explanation of the fundamentals of cybersecurity and the discussion of potential policy responses, this book will be a resource for policy makers, cybersecurity and IT professionals, and anyone who wants to understand threats to cyberspace.
This book examines the intersection between cybersecurity and the law and economy of India and offers a course of action in designing efficacious policies against emerging cybercrimes in the country. It reviews the boom in infrastructure growth in India and the security challenges this presents to the domestic economy and legal system. The contributors conducted a risk assessment of the potential economic impacts and security vulnerabilities, as well as identified the current regulatory and legal gaps regarding cryptocurrency, ecommerce, and digital banking. The book also considers the subject of data localization and sovereignty, and the challenges of establishing an indigenous data architecture. By discussing the economic impact of cybersecurity and incorporating recommendations from scholars, activists, academics, young legal intellectuals, and professionals in the field, the chapters propose new measures and protections for lawmakers and policymakers to adopt. This book will interest researchers and students of cybersecurity, law and economics, international relations, and Indian policymakers.
CYBERSECURITY LAW Learn to protect your clients with this definitive guide to cybersecurity law in this fully-updated third edition Cybersecurity is an essential facet of modern society, and as a result, the application of security measures that ensure the confidentiality, integrity, and availability of data is crucial. Cybersecurity can be used to protect assets of all kinds, including data, desktops, servers, buildings, and most importantly, humans. Understanding the ins and outs of the legal rules governing this important field is vital for any lawyer or other professionals looking to protect these interests. The thoroughly revised and updated Cybersecurity Law offers an authoritative guide to the key statutes, regulations, and court rulings that pertain to cybersecurity, reflecting the latest legal developments on the subject. This comprehensive text deals with all aspects of cybersecurity law, from data security and enforcement actions to anti-hacking laws, from surveillance and privacy laws to national and international cybersecurity law. New material in this latest edition includes many expanded sections, such as the addition of more recent FTC data security consent decrees, including Zoom, SkyMed, and InfoTrax. Readers of the third edition of Cybersecurity Law will also find: An all-new chapter focused on laws related to ransomware and the latest attacks that compromise the availability of data and systems New and updated sections on new data security laws in New York and Alabama, President Biden’s cybersecurity executive order, the Supreme Court’s first opinion interpreting the Computer Fraud and Abuse Act, American Bar Association guidance on law firm cybersecurity, Internet of Things cybersecurity laws and guidance, the Cybersecurity Maturity Model Certification, the NIST Privacy Framework, and more New cases that feature the latest findings in the constantly evolving cybersecurity law space An article by the author of this textbook, assessing the major gaps in U.S. cybersecurity law A companion website for instructors that features expanded case studies, discussion questions by chapter, and exam questions by chapter Cybersecurity Law is an ideal textbook for undergraduate and graduate level courses in cybersecurity, cyber operations, management-oriented information technology (IT), and computer science. It is also a useful reference for IT professionals, government personnel, business managers, auditors, cybersecurity insurance agents, and academics in these fields, as well as academic and corporate libraries that support these professions.
Designed for managers struggling to understand the risks in organizations dependent on secure networks, this book applies economics not to generate breakthroughs in theoretical economics, but rather breakthroughs in understanding the problems of security.
On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
Why cyberinsurance has not improved cybersecurity and what governments can do to make it a more effective tool for cyber risk management. As cybersecurity incidents—ranging from data breaches and denial-of-service attacks to computer fraud and ransomware—become more common, a cyberinsurance industry has emerged to provide coverage for any resulting liability, business interruption, extortion payments, regulatory fines, or repairs. In this book, Josephine Wolff offers the first comprehensive history of cyberinsurance, from the early “Internet Security Liability” policies in the late 1990s to the expansive coverage offered today. Drawing on legal records, government reports, cyberinsurance policies, and interviews with regulators and insurers, Wolff finds that cyberinsurance has not improved cybersecurity or reduced cyber risks. Wolff examines the development of cyberinsurance, comparing it to other insurance sectors, including car and flood insurance; explores legal disputes between insurers and policyholders about whether cyber-related losses were covered under policies designed for liability, crime, or property and casualty losses; and traces the trend toward standalone cyberinsurance policies and government efforts to regulate and promote the industry. Cyberinsurance, she argues, is ineffective at curbing cybersecurity losses because it normalizes the payment of online ransoms, whereas the goal of cybersecurity is the opposite—to disincentivize such payments to make ransomware less profitable. An industry built on modeling risk has found itself confronted by new technologies before the risks posed by those technologies can be fully understood.
As seen on CBS 60 Minutes "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law—a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives –for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation. For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com
This book is the first of its kind to introduce the integration of ethics, laws, risks, and policies in cyberspace. The book provides understanding of the ethical and legal aspects of cyberspace along with the risks involved. It also addresses current and proposed cyber policies, serving as a summary of the state of the art cyber laws in the United States. It also, importantly, incorporates various risk management and security strategies from a number of organizations. Using easy-to-understand language and incorporating case studies, the authors begin with the consideration of ethics and law in cybersecurity and then go on to take into account risks and security policies. The section on risk covers identification, analysis, assessment, management, and remediation. The very important topic of cyber insurance is covered as well—its benefits, types, coverage, etc. The section on cybersecurity policy acquaints readers with the role of policies in cybersecurity and how they are being implemented by means of frameworks. The authors provide a policy overview followed by discussions of several popular cybersecurity frameworks, such as NIST, COBIT, PCI/DSS, ISO series, etc.