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Cybersecurity Regulation White Collar Crime

Individual Liability and Criminalizing Cybersecurity Response

To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.

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Cyberattacks, data breaches, ransomware — these are now the stuff of corporate and boardroom discussion. Hardly a day goes by without a reminder of the centrality of cybersecurity to business and government. In one of many recent headlines, the country’s largest oil and gas pipeline system, Colonial Pipeline, was the target of a cyberattack in 2021 and a demand for a $4.4 million ransom, which was paid with the support of federal authorities. War in the Ukraine has heightened already intense concern about the vulnerability of critical infrastructure to cyberattacks.

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