This is an issue that reaches beyond corporate targets. Dennis Blair, the White House's recently departed director of national intelligence, called for the public and private sectors to join forces to promote cybersecurity, says [Alan Charles Raul], who's based in Washington, D.C. Indeed, the notion of public/private partnering has been a longtime refrain made by leading federal government and corporate information security experts.
Cybersecurity attorney Julie Delton NEW FRONTIERS What legal matters must you bear in mind when a cybercrime strikes your company? Larry Jaffe reports. F ive or so years ago, the term However, while one might assume ing ﬁrm based in Sarasota, Fla., which “cybercrime” tipped off a typical that evidence related to the mounting works with law ﬁrms and law enforce- executive leader’s tongue far less numbers of cybercrimes would make for ment agencies on cybercrime cases. frequently than it does today. As data convincing cases, the number of cases Still, some cases are making it to thefts rose, however – often targeting that actually make it to court – although trial and the types being litigated run the personally identiﬁable information increasing in the past two years or so the computer crime gamut. There’s the (PII) of everyday consumers – concerns – still lag behind the immense volume disgruntled, laid-off employee seeking about the soaring numbers of criminal of online attacks. The main problem, revenge. Break-ins to a competitor’s acts online became mainstream topics of concur a number of lawyers, is that often- network to steal intellectual property and discussion for both worried corporate times corporate victims would rather customer data are becoming more and managers and average home-users. As avoid calling attention to their vulner- more common these days. The now ubiq- well, locating, apprehending and suc- abilities than move forward with a court uitous act of PII thievery has fast become cessfully prosecuting the increasingly case – no matter its prospects for success. the basis for many an online cybercrime cunning perpetrators committing these “Clients don’t want to make head- ring’s successful business. There are cybercrimes has become a chief ambition lines,” notes Serge Jorgensen, vice unfriendly foreign countries seeking to for many law enforcement ofﬁcers and president and CTO of the Sylint Group, wreak havoc on the federal government state prosecutors. a computer and network security consult- or steal leading enterprises’ trade secrets 34 SC • July 2010 • www.scmagazineus.com – and everything in between. Today, even Raul, who heads up the privacy, data And this is an issue that reaches embezzlement via electronic funds trans- security and information law practice of beyond corporate targets. Dennis Blair, fer is a mainstay, say the lawyers. the ﬁrm Sidley Austin. the White House’s recently departed All these factors extend the range of director of national intelligence, called legal proceedings. “One hundred years Legislation and the cybercriminal for the public and private sectors to join ago, people robbed banks [and somebody The unfortunate reality is that online forces to promote cybersecurity, says went to jail]. In th
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