Proactive Cybersecurity: A Comparative Industry and Regulatory Analysis

This article traces the evolution of the proactive cybersecurity industry in a global legal environment. The authors argue that, while hard law exists in this space both within the US and globally, such laws were largely enacted at a time when proactive cybersecurity remained nascent; as a result, t...

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Bibliographic Details
Published in:American business law journal 2015-12, Vol.52 (4), p.721-787
Main Authors: Craig, Amanda N., Shackelford, Scott J., Hiller, Janine S.
Format: Article
Language:English
Subjects:
Commercial law
Cybersecurity
Data integrity
Information industry
National security
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Summary:This article traces the evolution of the proactive cybersecurity industry in a global legal environment. The authors argue that, while hard law exists in this space both within the US and globally, such laws were largely enacted at a time when proactive cybersecurity remained nascent; as a result, the private sector has taken the lead in developing industry norms. Part I contextualizes the emergence of active cyber defense, describing private sector attempts to use proactive technologies in the early 2000s as well as the reasons that such technologies did not achieve widespread adoption or attention at that point. Next, Part II assesses the post-2010, maturing proactive-cybersecurity industry. Finally, Part III considers these organizations' proactive cybersecurity programs by using the literature on "global security assemblages" and polycentric governance to demonstrate their likely staying power and implications for business practices and policy making.
ISSN:0002-7766
1744-1714
DOI:10.1111/ablj.12055