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