Our Mini-Theme: Cyber-Crime, -Cars, and -Coins: Hot Topics in Cyberlaw

The Cyberspace Law Committee (CLC) is getting ready yet again for its annual Cyberspace Law Institute and Winter Working Meeting. This year, we will meet January 30–February 1, 2014, at the Four Seasons Hotel in Denver, Colorado, where we will have an opportunity to meet with some of the many cyberlawyers and technology professionals in the Denver–Boulder area. This vibrant technology community, once noted for its roots in the data storage and telecommunications industry, now encompassing innovators, entrepreneurs, and lawyers involved in many areas, is one of the regions where lawyers and business leaders are confronting rapidly evolving cyberlaw issues every day. With this mini-theme, we offer a series of articles on a variety of rapidly-evolving cyberlaw topics, which we will explore further at the January conference as part of our cyberlaw agenda. The range and depth of CLC’s membership is reflected in the topics covered in this mini-theme, which was curated by Professor Sarah Jane Hughes.

First, Mark Mermelstein and Mona Amer continue the Committee’s examination of criminal prosecutions of cyber-wrongs, in “From Victim to Victor: Corporate Crime in the Internet Era.”

Continuing a look at new forms of cyber-attack, Cheryl and Richard Balough focus on new venues where our cyber-assets may be vulnerable, and the ways the law addresses the various liability that may arise, in “Cyberterrorism on Wheels: Are Today’s Cars Vulnerable to Attack?”

Next, Steve Middlebrook focuses on cybersecurity, government monitoring of payments devices, and how the Department of Homeland Security exercises its authority over cross-border funds movements at our borders. His piece is titled “What’s in Your Wallet? Could it be the Department of Homeland Security?”

Turning to data issues stemming from consumer financial transactions, and how third parties use that data, Veronica McGregor’s piece addresses “Big Data and Consumer Financial Information.”

Next, looking at how the world of finance is not only spreading online but is rapidly spreading into new kinds of currency, Denis Rice provides a summary and analysis of the rapidly growing reach of the most talked-about of the new virtual currencies, bitcoins, in “The Past and Future of Bitcoins in Worldwide Commerce.”

Ted Claypoole tackles a a growing category of cyber-business, those technologies that use human brain power to run devices, and considers the potential privacy and other legal regulatory implications they present. His contribution is titled “Regulating the Brainspray Revolution.”

Our series of cyberlaw topics concludes with a useful survey of some of the still-unresolved copyright law issues raised by the growth in digital transmission of music and video. In “Revisiting the Public Performance Right in the Battle over Broadcast,” Professor Jon Garon melds his considerable knowledge of copyright law with his past experience as a professional musician.

Join us in Denver in early 2014 for a high-powered, two-day conference that will delve deeper into a host of cyberlaw topics. Attendees will also be able to hear presentations on cybersecurity and the cloud, issues raised by the proliferation of conflicts between efforts to redress defamatory speech online and the need to preserve civil liberties on the Internet, further looks at the widespread growth of virtual currency, more issues in online payments, a further look at privacy issues in the new big data businesses and in the deployment of geo-location technologies, and the most significant cyberlaw cases of 2013. We will also roll up our sleeves and jump into interactive roundtables on a variety of cyberlaw topics, and will devote the second part of the conference to break-out sessions on many of the writing and presentation projects of the Committee's subcommittees and task forces. All these are open sessions and provide a terrific opportunity to those new to the Committee, the Section, or the ABA to get involved in some of the most significant and most current topics of the day involving the applicability of the rule of law to the ever-changing world of business and technology.

Additional Resources

For other materials on this topic, please refer to the following.

Business Law Today 

Developments in Cyberspace Law (Mini-theme)
November 2012 

Topics in Cyberspace Law (Mini-theme)
December 2011



Nominations Sought for Section Leadership Positions

Do you know anyone who has what it takes to be a good Section leader? The Nominating Committee of the Section needs your recommendations for leadership positions for the 2017-2018 association year. Nominees will be selected for: Chair-elect (who automatically assumes the position of chair the following year); Secretary (who automatically assumes the position of vice chair the following year); Content Officer; two Section Delegates to the ABA House of Delegates; and five additional Council members for a four-year term expiring in 2021. The Nominating Committee will take into account the following principles in making its selections. It will: select nominees who have been substantial and active contributors to the Section; seek geographic diversity in the leadership of the Section; strive for representation from a broad cross-section of the areas of law represented in the Section; and seek to draw leaders from a broad cross-section of the various sectors of practice, including corporate law departments, government, academia and private law firms; and actively recruit nominees that reflect the diversity of the Section. Please send your nominations by email to susan.tobias@americanbar.org no later than November 18.

Question: Between November 2, 2015 and November 4, 2015, Harris Poll conducted an online survey of 2,017 adults ages 18 and older on behalf of NerdWallet, Inc. to understand U.S. consumers’ credit card payment habits and feelings around different types of debt. The results of this study were published in the 2015 American Household Credit Card Debt Study. According to the 2015 American Household Credit Card Debt Study, what percentage of U.S. adults would be more embarrassed to tell others about credit card debt than any other type of debt?
A. 10%
B. 35%
C. 55%
D. 90%

Question: From the late 1600s to the early 1800s, “debtors’ prisons” were commonplace with many cities and states operating brick-and-mortar detention facilities that were designed for incarcerating individuals who were unable or unwilling to pay their debts. Imprisonment for indebtedness was so commonplace that two signatories of the Declaration of Independence were jailed for failure to pay their debts. Can you name those two signatories?

The November issue of Business Law Today will focus on Nonprofits. Articles will range from the “Delaware Advantage” to nonprofit organizations needing nonprofit lawyers. In addition, other features include keeping pace with disruptive technological change, insurance bad faith recoveries, and constitutional issues in granting Americans a “Right to Dispute.”

Do you have a great idea for a BLT article? Would you like to see more of a featured column? Let us know how we can make Business Law Today the best resource for you and your clients. We welcome any suggestions. Please send us your feedback here.

Business Law Section Fall Meeting
November 18-19, 2016
Washington, DC

Business Law Section Spring Meeting
April 6-8, 2017
New Orleans, LA

Miscellaneous IT Related Legal News (MIRLN) 25 September - 15 October 2016 (v19.14)

BLT is a web-based publication drawing upon the best of the Section's resources, including featured articles and other information from around the Section. Stay informed on the latest business law practice news and information that will benefit you and your clients.