DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Are Courts the Next Frontier in Fight Against State Hacking?

Posted on February 18, 2017 by Dissent

Ben Hancock discusses another strategy for responding to state hacking: trying to sue them under the CFAA, although state claims would also be needed:

“It is important to consider other, complementary options,” added Hinnen, who previously dealt with national security issues as a senior lawyer at the Justice Department. “One option worth consideration is enabling victim companies to sue the foreign governments that attack them, which could result in public condemnation and recovery of damages.”

I’ll just wait over here while you begin to list all the obstacles to that approach.

As Hinnen and others see it, state-backed cyberattackers could be sued under the federal Computer Fraud and Abuse Act, which allows for civil litigation over unauthorized access or damage to computer systems and has extraterritorial scope. The suit would also have to include common or state law tort claims such as theft of trade secrets to fit under an exception to the FSIA for injury, death or property claims.

That’s not the only hitch. Simply serving the complaint to the correct government agency or taking discovery would be difficult. Then there are the business considerations, and the possibility that a state government targeted in a lawsuit would retaliate against the plaintiff company.

 

Read more on Law.com.

I’m still back at that “hitch” about identifying who you would even sue.  You think our government is going to give businesses the real details/evidence and methods by which they may have figured out who attacked you just so you can sue them?

Color me skeptical.

Category: Breach IncidentsCommentaries and Analyses

Post navigation

← Bingham County servers locked up by ransomware; hackers demanded $25k – $30k
Cleveland Food Bank Loses Personal Data for Dozens of Clients →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Nigerian National Sentenced To More Than Five Years For Hacking, Fraud, And Identity Theft Scheme
  • Data breach of patient info ends in firing of Miami hospital employee
  • Texas DOT investigates breach of crash report records, sends notification letters
  • PowerSchool hacker pleads guilty, released on personal recognizance bond
  • Rewards for Justice offers $10M reward for info on RedLine developer or RedLine’s use by foreign governments
  • New evidence links long-running hacking group to Indian government
  • Zaporizhzhia Cyber ​​Police Exposes Hacker Who Caused Millions in Losses to Victims by Mining Cryptocurrency
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Google: Hackers target Salesforce accounts in data extortion attacks
  • The US Grid Attack Looming on the Horizon

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • California county accused of using drones to spy on residents
  • How the FBI Sought a Warrant to Search Instagram of Columbia Student Protesters
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Malaysia enacts data sharing rules for public sector
  • U.S. Enacts Take It Down Act
  • 23andMe Bankruptcy Judge Ponders Trump Bill’s Injunction Impact
  • Hell No: The ODNI Wants to Make it Easier for the Government to Buy Your Data Without Warrant

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.