Cyberwarfare and the Computer Fraud and Abuse Act
John Thurston As technology proliferates, cyberspace is becoming increasingly polluted with crime targeted at private enterprises. The escalation is the result of ineffective cybercrime laws. Although an international solution may be ideal, no treaty seems imminent. The U.S. government should focus on a more attainable solution in the short-term: amending the Computer Fraud and Abuse Act (CFAA). This Essay considers how revising the CFAA to allow qualified private companies to engage in offensive tactics would alter incentive structures. It concludes that such a revision would be an efficient solution to increase deterrence and reduce cybercrime. Read Full Text Here
Through the Spying-Glass: Data Privacy Concerns Regarding Mobile Spyware Apps
Payton P. Reisinger Spyware app surveillance technologies are rising in popularity for both legitimate monitoring and also to illegally spy on unsuspecting victims. In 2021, the Federal Trade Commission (FTC) issued its first ban of a spyware app, SpyFone, due to deceptive and unfair trade practices and lack of data security provisions. Some call for specific legislation to curb the effects of growing spyware apps, but opponents of regulation claim that legislative efforts will be too restrictive on growing technological industries or the legitimate uses of spyware apps. This Essay agrees with the policy rationale for implementing spyware legislation and...
Mind over Data: A Case for Increased Privacy Protections in Mobile Mental Health Apps
Marian Lemont As mobile mental health apps gain popularity as an emotional support alternative, privacy concerns regarding how consumers’ sensitive health data is handled are at an all-time high. Current federal privacy provisions provide insufficient consumer protection and thus render consumers’ sensitive information vulnerable to unwanted third-party sharing practices. The recently passed California Privacy Rights Act of 2020 (CPRA) includes new provisions governing businesses’ handling and deletion of sensitive user data. This article discusses how these new CPRA provisions provide a helpful framework to begin addressing this regulatory gap and identifies ways future privacy legislation can continue to strengthen mobile...
The Intersection of Product Liability Law and the Internet of Things
Lucas M. Amodio Every year, an increasing number of Internet of Things devices are released. These devices can make our lives easier, but they also make our data, and potentially ourselves, more vulnerable to hackers. The question is no longer theoretical, as many of these devices can have a real impact on the world around them, like a networked sprinkler system that, if hacked, could flood a target’s basement. Going forward, we can look to the current law of product liability and the Federal Trade Commission to protect individuals from harm and loss when these devices might be compromised. Read...
A Vendetta Against Alexa: Privacy Concerns in the Age of the Smart Home
Katherine Minorini A person’s right to privacy is so fundamental that it was written into the United States Constitution under the Fourth Amendment. This right, although protected, is not absolute, especially in circumstances involving voluntary disclosure of information to third parties. Issues arise when the third-party exception to the Fourth Amendment is coupled with the novel capabilities and innovations of the Internet of Things, especially with the smart home. This Essay argues that courts need to adapt their interpretation and application of the third-party doctrine so that information disclosed to and recorded by smart home manufacturers and servers respects Fourth...
The Liquidation of Data Privacy: How an Outdated Bankruptcy Code Threatens Consumer Information
Michael R. Akselrad In the modern world, billions of people share personal information online every day, ranging from consumer preferences to biometric and genetic identifiers, leading to the commoditization of user data, the value of which may dwarf the other assets of even large, multinational corporations. In the ordinary course of business, this user data may be kept confidential through such measures as privacy policies, statutory protections, and the reputational backlash facing a company that acts too brazenly with users’ sensitive information. In bankruptcy, however, some of these safeguards are eliminated in the interest of maximizing the value of the...
Data Privacy Concerns Regarding COVID-19 Contact Tracing Apps and Implications for the Field of Cybersecurity
Elana Lerner Brockmann The COVID-19 public health emergency has led to the development of contact tracing apps that enable governments and public health officials to track outbreaks and take appropriate measures in response. Contact tracing apps also allow individuals to be notified of potential contacts with infected individuals, promoting self-quarantine and reducing further spread of the virus. Although contact tracing apps have the potential to slow and reduce the spread of COVID-19, they have also brought to light data privacy and security concerns, which pose challenges to their overall use and efficacy. Congress should enact legislation to protect consumer data...
The Defend Trade Secrets Act: Arrival of the Trade Secret Trolls?
Stephen Anderson A new bill that is currently facing Congress, the Defend Trade Secrets Act, is aimed at creating a federal private cause of action under the Economic Espionage Act of 1996 (EEA). It is a bill that will, if passed, expand the EEA to provide federal jurisdiction for the theft of trade secrets. There is no question as to the degree of importance the protection of trade secrets is to United States businesses and society at large. The question is whether the well-intentioned DTSA will actually do more harm than good. There are a substantial number of legal professionals...