Winter 2012

Featured Story

Cyberwarfare in the Stuxnet Age Can Cannonball Law Keep Pace With the Digital Battlefield? By David Z. Bodenheimer

Cyberwar will inevitably strike the private sector. Private bystanders may be pulled into the fray if their systems are shut down, thus raising legal questions about who bears the risk for such losses.

Issue Contents

Message from the Chair

By Eric Y. Drogin

A column from this year’s Chair of the Section of Science & Technology Law on affiliating with other lawyers.

Extraterritorial Jurisdiction in the Space and Cybercommons

By Melinda J. Brown, Matthew J. Kleiman

This article explores how states could utilize traditional concepts of extraterritorial jurisdiction under international law to regulate nonstate bad actors in the space and cybercommons until a comprehensive international legal framework is implemented.

Neural Devices Will Change Humankind: What Legal Issues Will Follow?

By Stephen S. Wu, Marc Goodman

People will develop the means to attack neural devices. Device manufacturers will need to have data security policies to establish administrative, physical, and technical controls over the manufacture of neural devices and over the services that support such devices.

Cybersecurity and Privacy: Three Federal Proposals

By Kerry L. Childe

The Federal Trade Commission, Department of Commerce, and the National Institute of Standards and Technology have been working on proposals to protect the information business maintains about business, including information about customers and potential customers.

There Has Been a Data Security Breach—But Is Notice Required?

By Ronald I. Raether, Jr.

Will overnotification have an adverse effect on the purpose of the notice laws—namely, causing consumers to disregard the notices? The place to begin is with the legal standard for providing notice.

The Law of E-Tracking: Is Your Phone Too Smart, Your Media Too Social, and Your Advertising Misbehaving?

By Ruth Hill Bro

If you are using a device that accesses the Internet, in all likelihood, someone is watching you. A recent Section-sponsored panel discussion explored the emerging patterns in this new electronic reality, the corresponding legal standards, and practical ways to limit risk to reputation and the bottom line.