Hamiltonian Cybersecurity

52 Pages Posted: 28 Aug 2018 Last revised: 21 Jun 2019

See all articles by Jeff Kosseff

Jeff Kosseff

United States Naval Academy, Cyber Science Department

Date Written: August 19, 2018


Cyberattacks present existential challenges for U.S. national security and economic interests, yet Congress has failed to adopt a comprehensive regulatory framework to secure private-sector information and systems. To fill that gap, state legislatures have passed many laws that regulate data security, data breaches, and protection of personal data. The requirements of these laws vary significantly, are outdated, and sometimes conflict. This Article explains why this state-centric approach to cybersecurity is inadequate. First, the Article examines the Framers’ desire for a uniform approach to commercial regulations, and explains how the U.S. approach is scattered, outdated, and decentralized. A comprehensive federal cybersecurity statute would help to realize the Framers’ vision. Second, the Article asserts that, given this prudential argument, the state approach to cybersecurity and data protection regulations may be unconstitutional under the Dormant Commerce Clause, which prohibits state laws that unduly burden interstate commerce or impose inconsistent regulations.

Keywords: cybersecurity, regulation, federalism, privacy, data protection

Suggested Citation

Kosseff, Jeff, Hamiltonian Cybersecurity (August 19, 2018). 54 Wake Forest L. Rev. 155, Available at SSRN: https://ssrn.com/abstract=3234758

Jeff Kosseff (Contact Author)

United States Naval Academy, Cyber Science Department ( email )

121 Blake Road
Annapolis, MD 21402
United States

HOME PAGE: http://jeffkosseff.com

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