Hacking Cybersecurity Law
39 Pages Posted: 25 Feb 2019 Last revised: 17 Apr 2020
Date Written: February 8, 2019
Unlike discrete legal fields such as patent law, cybersecurity law spans a number of sections of the U.S. Code, as well as state and international laws. Because the contours of cybersecurity law are blurry, U.S. policymakers have not sufficiently determined how to most effectively align statutes and regulations with current cybersecurity threats. This Article builds on the author’s previous work to define the scope of cybersecurity law, and suggests seven guiding principles to radically reshape – or “hack” – the legal system to better address current and future cybersecurity threats. This Article draws on legal scholarship and other fields of law to derive high-level goals for policymakers as they seek to make cybersecurity law more effective, cohesive, and agile.
Keywords: cybersecurity, technology, regulation
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