Sharing Shortcomings

19 Pages Posted: 17 Jul 2015 Last revised: 29 Jul 2015

See all articles by Derek E. Bambauer

Derek E. Bambauer

University of Arizona - James E. Rogers College of Law

Date Written: July 15, 2015

Abstract

Current cybersecurity policy emphasizes increasing the sharing of threat and vulnerability information. Legal reform is seen as crucial to enabling this exchange, both within the public and private sectors and between them. Information sharing is due for some skepticism, though, and this Essay (part of a symposium on Privacy in a Data Collection Society) attempts to provide it. Not only are there few real legal barriers to data exchange, but greater sharing will generate little benefit and will create significant privacy risks. This Essay creates a typography of vertical and horizontal information sharing, and argues that while top-down communication could be useful, it faces important practical impediments. The present focus on sharing increases the scope of the surveillance state unnecessarily and displaces more effective cybersecurity policy measures.

Keywords: cybersecurity, information sharing, privacy, surveillance, bug, threat, vulnerability, information security, Internet, cyberlaw, zero day, ISAC

Suggested Citation

Bambauer, Derek E., Sharing Shortcomings (July 15, 2015). Loyola University Chicago Law Journal, 2015; Arizona Legal Studies Discussion Paper No. 15-26. Available at SSRN: https://ssrn.com/abstract=2631254

Derek E. Bambauer (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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