October 1, 2014
Judith H. Germano
It is generally understood that the public and private sectors need to collaborate to address the nation’s cybersecurity challenges, yet there remain significant questions regarding the circumstances, nature, and scope of those relationships. Legal, strategic, and pragmatic obstacles often impede effective public-private sector cooperation, which are compounded by regulatory and civil liability risks. Different government agencies have competing roles and interests, with the government serving dual roles as both partner and enforcer, influencing how companies facing cyberthreats view public authority. These domestic cybersecurity challenges are complicated further by crossborder issues, including inconsistent laws and perspectives regarding, in particular, privacy norms and restrictions, data transferability, and divergent political interests in combatting cyberthreats.
June 1, 2014
Judith H. Germano and Zachary K. Goldman
Cybersecurity’s evolving regulatory and liability landscape compounds the challenges that companies face from cyber attacks, and further complicates the ability of corporate executives and their advisors to understand and effectively manage cyber risk. Companies must prepare for and respond to a potential cyberattack’s direct damage, including financial and data loss, system and service interruptions, reputational harm and compromised security.