Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Do Cyber-Attacks Require a 'Duty to Assist'?

By Duncan B. Hollis and David G. Post

On Jan. 1, 2009, when an Indian oil tanker found itself under attack by machine gun fire from pirates off the coast of Somalia, the ship's captain sent out an SOS via wireless radio. A nearby Malaysian frigate heard the call and immediately responded, sending a helicopter to the scene. On its arrival, the pirates fled and the tanker's crew escaped unharmed. It's a story that has been repeated countless times, in large part because international law requires anyone receiving an SOS signal to “proceed with all possible speed” to render assistance. Today, similar legal duties abound ' what we might call “duties to assist” ' whether in response to a pilot's mayday call, distress signals or emergency numbers.

As yet, however, there is no “duty to assist” in cyberspace. That needs to change. Concerns about new kinds of pirates and a new form of attack ' the “cyber-attack” ' currently fill our newspapers and preoccupy policymakers. When hackers marshaled a million computers to block access to Estonian computer networks in 2007, they took down emergency phone lines and froze online services for the government, banks, universities and hospitals.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.