Making Good Cybersecurity Law and Policy: How Can We Get Tasty Sausage?

Journal of Law and Policy for the Information Society, 2011

20 Pages Posted: 4 Aug 2011

See all articles by Paul Rosenzweig

Paul Rosenzweig

George Washington University School of Law; The Heritage Foundation

Date Written: August 4, 2011

Abstract

This brief essay focuses on two interesting questions: First, whether or not there is a class of issues and challenges in policy making that is unique to the cyber domain; and second, whether there are issues that, if not unique, are more predominant or readily apparent in the context of cyber policy making than in other areas of governmental endeavor. I submit that the answer to the question is “yes” on both accounts. There are unique challenges that arise from the nature of the cyber domain and from the failure of policy makers to adequately understand and adapt to that nature. Two aspects of that nature in particular have yet to be comprehended: the cyber domain’s ubiquity and rapidity; and its asymmetric empowerment.

Relatedly, there is a class of challenges that, though not unique to the cyber domain are significantly exacerbated in that domain. These are the types of challenges that are predominant in most public policy making involving developing science and technology. They involve the rapidity of change, policy makers’ lack of familiarity with the technology under development and the unpredictability of future developments.

Suggested Citation

Rosenzweig, Paul, Making Good Cybersecurity Law and Policy: How Can We Get Tasty Sausage? (August 4, 2011). Journal of Law and Policy for the Information Society, 2011 . Available at SSRN: https://ssrn.com/abstract=1905000

Paul Rosenzweig (Contact Author)

George Washington University School of Law ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

The Heritage Foundation ( email )

214 Massachusetts Ave NE
Washington, DC 20002-4999
United States

HOME PAGE: http://www.heritage.org

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