Cyber law

  1. Cybersecurity Legislation 2021
  2. Supreme Court narrows scope of sweeping cybercrime law
  3. Introduction
  4. A Brief Primer on International Law and Cyberspace
  5. Cybersecurity Legislation 2020


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Cybersecurity Legislation 2021

The COVID-19 pandemic caused disruption and major shifts in the way government and businesses operated in 2021. Cybersecurity risks increased due to the sudden move to a remote workforce that often had fewer and less robust security measures in place. Cybercriminals found ways to take advantage of these conditions and of people'sfears related to the coronavirus. Recentunprecedented cyberattacks, such as the Solarwindsincident, which breached many company and 2021Introductions At least 45states and Puerto Rico introduced or considered more than 250 bills or resolutions that deal significantly withcybersecurity. Some of theissues seeing the most legislative activity include measures: • Requiring government agenciesto implement cybersecurity training,to set up and follow formal security policies, standardsand practices, and to plan for and test how to respond to a security incident. • Regulating cybersecurity within theinsurance industry or addressing cybersecurity insurance. • Creating task forces, councilsor commissions to study or advise on cybersecurity issues. • Supporting programs or incentives for cybersecurity training and education. States arealso addressing cyber threats throughappropriations. Not all cybersecurity appropriations are listed here, althoughsignificant funding or funding for specific statewide mandates or state projects may be listed. 2021 Enactments At least 36states enacted bills in 2021 (indicated in boldface in list below).Among the bills enacted i...

Supreme Court narrows scope of sweeping cybercrime law

The majority ruling, written by Justice Amy Coney Barrett, is largely devoted to a meticulous parsing of the statue’s language. However, she also noted the dangers of the approach prosecutors have advocated. “The Government’s interpretation of the statute would attach criminal penalties to a breathtaking amount of commonplace computer activity,” Barrett wrote. “If the ‘exceeds authorized access’ clause criminalizes every violation of a computer-use policy, then millions of otherwise law-abiding citizens are criminals.” While insisting that the court arrived at its ruling based solely on reading the statute, and not considering its potential effects, Barrett concurred with critics who said the broader interpretation would “criminalize everything from embellishing an online-dating profile to using a pseudonym on Facebook.” In dissent, Justice Clarence Thomas said the majority’s reading was contrived and off-base. He also said there are many areas of law where permission given to do something for one purpose does not imply permission for an unrelated purpose. “A valet, for example, may take possession of a person’s car to park it, but he cannot take it for a joyride,” Thomas wrote in an opinion joined by Chief Justice John Roberts and Justice Samuel Alito. Thomas also noted that violations of the law are typically a misdemeanor, and he said the breadth of the statute is no reason to misread it. “Much of the Federal Code criminalizes common activity,” he wrote. “It is understa...

Introduction

Contents • Introduction • Secondary Sources • Internet Governance Toggle Dropdown • • • • Electronic Commerce Toggle Dropdown • • • • • • Data Protection & Privacy Toggle Dropdown • • • • • • Cyber Crime Toggle Dropdown • • • • • Cyber Warfare & Terrorism Toggle Dropdown • • • • News & Current Awareness • Additional Resources This research guide focuses on laws that regulate information technology at the international level and in jurisdictions outside the United States.It also covers legal issues that arise in connection with the use of information technology across national boundaries.In addition to identifying resources that provide an introduction to this wide-ranging subject matter, the guide also covers five narrower, but interrelated topics: • • • • • Use the Table of Contents menu on the left to access sections of this guide which address these narrower topics. Key Resources for International Cyberspace Research • Includes primary law from 65 national and sub-national jurisdictions, including some in English translation; summaries of primary law by subject; treatises and other secondary sources; and news and current awareness tools. • Includes primary law from the U.S. and the E.U.; practice guides, treatises, and other secondary sources; and news and current awareness tools. • Provides detailed summaries of national laws governing information technology, e-commerce, online privacy, and computer-related crime in 38 jurisdictions, with citations to primary law. • Th...

A Brief Primer on International Law and Cyberspace

Summary: As states give increased attention to the governance of cyberspace (the technical architecture that allows the global internet to function) and governance in cyberspace (how states, industry, and users may use this technology), the role of international law in the cyber context has gained increasing prominence. International law structures relations among states and other international stakeholders (most notably international organizations) through various prohibitions, requirements, and permissions. As such, it has provided a path for regulating global governance issues from arms control to trade to the environment. As states give increased attention to the governance of cyberspace (the technical architecture that allows the global internet to function) and governance in cyberspace (how states, industry, and users may use this technology), the role of international law in the cyber context has gained increasing prominence. This brief primer surveys the application of international law to cyberspace, the players involved, the main issues in its application, and potential future pathways international law may take in governing cyberspace. International Law Applies to (and in) Cyberspace With few exceptions (most notably, the Duncan B. Hollis is a nonresident scholar at the Carnegie Endowment for International Peace and the James E. Beasley professor of law at Temple Law School, where he also serves as the associate dean for academic affairs. The Players Unlike many...

Cybersecurity Legislation 2020

Cybersecurity remains a focus in state legislatures, as manypropose measures to address cyberthreats directed at governments and private businesses. In 2020, at least 38states, Washington, D.C., and Puerto Rico introduced or considered more than 280 bills or resolutions that deal significantly withcybersecurity. Some of theareas seeing the most legislative activity include measures: • Requiring government agenciesto implement training or specific types of security policies and practices and improving incidence response andpreparedness. • Increasing penalties for computer crime or addressing specific crimes, e.g., ransomware. • Regulating cybersecurity within theinsurance industry or addressing cybersecurity insurance. • Creating task forces, councilsor commissions to study or advise on cybersecurity issues. • Supporting programs or incentives for cybersecurity training and education. At least 20 states enacted 46 key cybersecurity-related bills in 2020. State appropriations for cybersecurity are listed here if they are significant or focused on specific statewide mandates or state projects to be funded. Other top cybersecurity issues include election security and cybersecurity threats to the energy infrastructure and other critical infrastructure. 2020 Cybersecurity Legislation State Legislation Status Summary Alaska Status: Failed--adjourned Relates to the definition of disaster. Arkansas Establishes the State Computer Science and Cybersecurity Task Force. California Stat...