Category: Publications

Home / Publications
Post

One More Reason for Companies to Report Data Breaches

Judith H. Germano Do companies and their legal advisors trust the government enough to reach out for help in the event of a breach, and do they perceive sufficient benefits from doing so? One major stumbling block in that assessment is the dichotomous role of government toward corporate data breach victims on the cybersecurity stage: that...

Post

Sanctioning Cyber Crime: The New Face of Deterrence

Zachary K. Goldman Deterrence is fundamentally about manipulating an adversary’s cost/benefit calculations to dissuade him from doing something you want to prevent. Over the last several years, strategists have struggled to adapt venerable Cold War concepts like deterrence to the information age. But deterring financially-motivated cyber criminals—the kinds of people that attacked Target, Anthem Health,...

Post

Terrorism 2.0? New Challenges in Cyberspace

Zachary K. Goldman Discourse around cyber security and cyber terrorism is changing. It is evolving, slowly but perceptibly, from anxiety about a single catastrophic event—a “cyber Pearl Harbor”—to a conversation about how to manage a digital threat landscape that includes a large number of smaller incidents directed against a wide range of targets. Some of...

Post

Cyberthreat Spawns New Era Of Public-Private Collaboration

Judith H. Germano On Feb. 13, 2015, President Barack Obama signed an executive order to encourage more companies and industries to engage in active information sharing, by setting up hubs for transmitting intelligence on attacks and threats. The executive order also called for common standards so government and industry can share threat information more easily....

Post

Cybersecurity and a New Era of Asymmetric Economic Warfare

Zachary K. Goldman In the last two decades, and in particular after the 9/11 attacks, the United States and its allies have had a near-monopoly on the use of coercive economic measures (sanctions, trade controls, investment restrictions, etc.) to achieve foreign policy objectives. This dominance has been grounded in the central role that the U.S....

Post

Cybersecurity Partnerships: A New Era of Public-Private Collaboration

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...

Post

After the Breach: Cybersecurity Liability Risk

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...