Cybersecurity and the Law

With the term “cybersecurity” now being used in the same breath with “e-discovery“, it is important for counsel to come up to speed on the topic of cybersecurity.
The Emergence of Cybersecurity Law examines cyberlaw as a growing field of legal practice and the roles that lawyers play in helping companies respond to cybersecurity threats. Drawing on interviews with lawyers, consultants, and academics knowledgeable in the intersection of law and cybersecurity, as well as a survey of lawyers working in general counsel’s offices, this study examines the broader context of cybersecurity, the current legal framework for data security and related issues, and the ways in which lawyers learn about and involve themselves in cybersecurity issues. These discussions are presented across the paper’s three sections:

  • Cybersecurity and the Law explores the context in which cyberlaw is developing, examining the importance of cybersecurity to companies and corporations and how inside and outside counsel are responding.
  • Legal Developments in Cyberlaw provides an overview of the current state of the legislation, regulations, and other sources of law and policy influencing cybersecurity.
  • How Lawyers Help Meet Cyberthreats examines lawyers’ roles cybersecurity in more detail, including both the tasks they should perform and the tasks they do perform. This section also examines how lawyers are improving their knowledge of cybersecurity.