Brooklyn Journal of Corporate, Financial & Commercial Law

First Page



Cyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory oversight these entities face is a critical factor in addressing strategies and solutions, including both preemptive and response-oriented measures companies must take to combat cyber-crime. Coupled with this very active problem is the present nadir in the congressional debate and the proposed solutions. Thus, this Article suggests a comprehensive set of proposals where, if applied, companies may fortify their abilities to ward off cyber-threats and better ensure that consumers’ personal information stays protected. Finally, these proposals would incentivize prompt cybersecurity responses and ensure adequate protection of company and consumer information.