Defining Cybersecurity Law

47 Pages Posted: 16 Aug 2018

See all articles by Jeff Kosseff

Jeff Kosseff

United States Naval Academy, Cyber Science Department

Date Written: March 1, 2018

Abstract

The U.S. legal system lacks a consistent definition of the term “cybersecurity law.” This Article aims to fill that gap by defining “cybersecurity law.” Although “cybersecurity” is a commonly used term in legal circles, no scholarship has stepped back to define exactly what “cybersecurity law” is and the goals of statutes and regulations that aim to promote “cybersecurity.” By defining the scope and goals of this new legal field, policymakers can then examine how lawmakers could improve existing laws. Part II of this Article briefly describes the cybersecurity challenges that the United States faces by examining the cyberattack on Sony Pictures Entertainment. Part III broadly examines current cybersecurity threats to the United States and defines “cybersecurity law” as a legal framework that “promotes the confidentiality, integrity, and availability of public and private information, systems, and networks, through the use of forward-looking regulations and incentives, with the goal of protecting individual rights and privacy, economic interests, and national security.” Part IV of this Article explains the current U.S. legal regime for cybersecurity and concludes that many of the most prominent cybersecurity laws only address a small portion of the broader legal framework. Part V examines the gaps in current U.S. cybersecurity law and suggests which areas of cybersecurity law policymakers could better address.

Keywords: cybersecurity

Suggested Citation

Kosseff, Jeff, Defining Cybersecurity Law (March 1, 2018). Iowa Law Review, Vol. 103, No. 985, 2018, Available at SSRN: https://ssrn.com/abstract=3225691

Jeff Kosseff (Contact Author)

United States Naval Academy, Cyber Science Department ( email )

121 Blake Road
Annapolis, MD 21402
United States

HOME PAGE: http://jeffkosseff.com

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
1,044
Abstract Views
3,760
Rank
39,486
PlumX Metrics