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									Cybersecurity attorney
         Julie Delton

What legal matters must you bear in mind when a cybercrime strikes
your company? Larry Jaffe reports.

       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 •
– 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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