May 20, 2016

Our Mini-Theme: Cyberlaw Insecurity

Ted Claypoole

May 2016: a time of deep worry and insecurity for American business. As our society barrels toward deeper reliance on networked technology and the Internet, we are discovering the stumbling blocks in our path. One of the most persistent blocks is the security and dependability of our transactions in cyberspace, our reputations in the electronic world, and our vehicles’ connections to the great network. We worry about how different nations with different interests and priorities can shape and share this cyber-world. We worry that company leaders will take their eyes off the ball at the most inopportune moments. We worry that the software itself is designed to defraud our fundamental interests. 

This month’s mini-theme addresses these worries and so much more. We focus on how the law and regulations can manage these insecurities and lead us toward a more dependable business platform. We have noted an almost unslakable thirst for data security guidance, and so we aim a fire hose in that direction – not with general discussion, but with very specific regulatory, business and international angles on the topic. Drew Foerster discusses the new Chinese Information Security Law, Kenneth C. Johnston and Dan Klein elucidate the unrealistic business security standards of the California Attorney General’s report, and Cameron Stoll and I shine light on the U.S. state data security laws addressing biometrics. Also to this end, BLT will be including a steady stream of cybersecurity articles for the rest of the year from the Cyberspace Law Committee in upcoming editions. 

But in this edition, we also address security-related topics including the law of driverless cars (Richard Balough)and the regulatory issues with rogue mobile financial apps (Pam Phillips and Kevin Wagner). We have some specific consumer guidance as well. Mark Andus writes about the consumer protection aspects of the right to be forgotten, and Michael Silvestro and John Black show us regulation of voice data collected by consumer products. Juliet Moringiello and John Ottaviani help us determine when online contracts may be modified. 

The cyberworld is closing in upon us, as our children’s toys collect voice data and send it back to the manufacturer (and probably others), and our histories online may be as changeable as our futures. So don’t worry. The Cyberspace Law Committee is here to take care of you; guiding your business journey deeper into an insecure world.

Ted Claypoole

Ted Claypoole
Chair, Cyberspace Law Committee