CYBER!

89 Pages Posted: 21 Sep 2019

See all articles by Andrea M. Matwyshyn

Andrea M. Matwyshyn

Penn State Law; Penn State Engineering; Stanford University - Stanford Law School Center for Internet and Society

Date Written: January 1, 2017

Abstract

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal security. Reciprocal security reframes information security law and policy as part of broader security policy, focusing on two key elements: security vigilance infrastructure and defense primacy. The Article concludes by briefly introducing five sets of concrete legal and policy proposals embodying the new reciprocal security paradigm.

Keywords: security, information security, cybersecurity, hacking, privacy

JEL Classification: K1, K2, K3

Suggested Citation

Matwyshyn, Andrea M., CYBER! (January 1, 2017). Brigham Young University Law Review, Vol. 2017, No. 109, 2018. Available at SSRN: https://ssrn.com/abstract=3452934

Andrea M. Matwyshyn (Contact Author)

Penn State Law ( email )

150 S College St
Carlisle, PA 17013
United States

Penn State Engineering ( email )

101 Hammond Building
University Park, PA 16802
United States

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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