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Basic Cybersecurity Law for the Business Environment: Cases and Commentary, First Edition

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Authors
  • Edward C. Carter
  • Robert H. Sloan
  • Richard Warner
Series / Aspen Casebook Series
BOOKMARK
Book length
816 pages
Publication Date
2025-02-06
Edition
First Edition
Description
Table of contents
Preface

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Basic Cybersecurity Law for the Business Environment: Cases and Commentary prepares future business lawyers to understand the role of cybersecurity and related doctrinal and policy issues in the business environment. Authors Edward Carter, Robert Sloan, and Richard Warner employ the proven-effective approach of teaching law and policy in the context of illustrative cases framed by introductory text and Notes and Questions. Technology Notes throughout clearly explain the relevant terms, facts, and issues of technology. Hypothetical scenarios illuminate real issues and concerns that arise in practice. 

Professors and students will benefit from
  • Thorough coverage of common law, agency actions, and statutes 
  • Cases organized around cybersecurity themes, including:
    • Liability for failure to prevent access to a computer network
    • Liability for accessing a computer or network
    • Rights that protect persons against government seizure of data
  • An overview of cybersecurity concerns in Chapter One, including
    • The attack and defense of computers and networks
    • Risk assessment and cyber insurance
  • A Technical Terms Glossary for a computer-science understanding of terms and acronyms
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Table of Contents
Summary of Contents

Contents 
Preface: Plan and Purpose of the Book 
Acknowledgments

PART I
INTRODUCTION AND PRELIMINARY MATTERS 
CHAPTER 1
Basics: Key Terms, CyberSecurity, Risk Assessment,
and Insurance 

PART II
LIABILITY FOR FAILURE TO PREVENT
ACCESS TO A COMPUTER OR NETWORK 
CHAPTER 2
Liability in Tort
CHAPTER 3
Liability Based on Breach of Contract or Equity 
CHAPTER 4
Compliance Liability Imposed by Agency Action or Statute 
CHAPTER 5
Liability Based on Defensive Measures

PART III
CIVIL LIABILITY AND CRIMINAL RESPONSIBILITY
FOR ACCESSING A COMPUTER OR NETWORK 
CHAPTER 6
Civil Liability for Accessing a Computer or Network 
CHAPTER 7
The Computer Fraud and Abuse Act: Criminal
Responsibility and Civil Liability 
CHAPTER 8
The Elements of Discontent: The Key Terms “Without Authorization” and “Exceeds Authorization” 
CHAPTER 9
The Mens Rea Elements and Their Application 
CHAPTER 10
Other Terms Used in the Offenses 
CHAPTER 11
The Computer Fraud and Abuse Act Offenses 

PART IV
RIGHTS PROTECTING DATA FROM SEIZURE
BY THE GOVERNMENT 
CHAPTER 12
Protection of Digital Data from the Government — When the Fourth Amendment Provides Protection 
CHAPTER 13
The Fourth Amendment Warrant and
Reasonableness Requirements 
CHAPTER 14
Fifth Amendment Basic Doctrine and Compelled Use of Methods to Access Data
 
Technical Terms Glossary 
Table of Cases
Index
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Preface
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About the authors
Edward C. Carter

A career white collar crime prosecutor, Edward Carter has been an Assistant Illinois Attorney General and Chief of the Attorney General’s Special Prosecutions Bureau. Mr. Carter’s significant prosecutions include the largest state wire fraud prosecution in Illinois history; the largest motor fuel tax fraud prosecution in Illinois history; the largest state prosecution in Illinois history of a scheme perpetrated by bank insiders to defraud both a bank and bank regulators; and, after Illinois became a party to the International Fuel Tax Agreement, the first fraud prosecution brought in the United States under that agreement.

Mr. Carter has broad experience working on legal issues related to terrorism and bioterrorism. He has lectured extensively in Eastern Europe about the investigation and prosecution of white collar crime and money laundering. Mr. Carter was an adjunct professor of law for the Chicago Kent College of Law’s School of American Law LLM Program, located in Eastern Europe and the Caucasus region.

Robert H. Sloan
Professor

Robert Sloan is a Professor and Head of the Department of Computer Science at the University of Illinois Chicago (UIC), where he has led the department’s growth from 28 to 80 faculty. He earned a B.S. in mathematics from Yale, and an S.M. and Ph.D. in Computer Science from the Massachusetts Institute of Technology (MIT). In the early 2000s, he served as a Program Director at the National Science Foundation. In the late 2010s, he was a member of the U.S. Department of Homeland Security’s Privacy and Integrity Advisory Committee.

Dr. Sloan’s current scholarship focuses on public policy and legal issues related to computer security, electronic privacy, artificial intelligence, and machine learning. His earlier research spanned theoretical computer science, artificial intelligence, traditional cybersecurity, and computer science education. Together with legal scholar Richard Warner, he has coauthored Unauthorized Access: The Crisis in Online Privacy and Security (CRC Press, 2013), Why Don’t We Defend Better? Data Breaches, Risk Management, and Public Policy (CRC Press 2019), and The Privacy Fix: How to Preserve Privacy in the Onslaught of Surveillance (Cambridge University Press, 2021). Dr. Sloan is an IEEE Computer Society Golden Core member, and a 2019 University of Illinois University Scholar.

Richard Warner
Professor

Richard Warner is Professor and Norman and Edna Freehling Scholar at the Chicago-Kent College of Law. He is the Faculty Director of Chicago-Kent’s Center for Law and Computers and the co-founder and Director of the School of American Law, a Chicago-Kent affiliated program with several international branches. Richard Warner is also a member of the U.S. Secret Service’s Cyberfraud Taskforce.

Richard Warner’s research interests include privacy, the regulation of machine learning, and philosophical theories of communication. He has published extensively in the fields of legal and philosophical literature. His most recent books, co-authored with Robert H. Sloan, are Unauthorized Access: The Crisis in Online Privacy and Information Security (Taylor & Francis, 2013), Why Don't We Defend Better? Data Breaches, Risk Management, And Public Policy (Taylor & Francis, 2019), and The Privacy Fix: How To Preserve Privacy In The Onslaught Of Surveillance (Cambridge University Press, 2021).

The author received his B.A. (English) from Stanford; his Ph.D. in Philosophy from the University of California, Berkeley; and his J.D. from the University of Southern California.

Product Information
Edition
First Edition
Publication date
2025-02-06
Copyright Year
2025
Pages
816
Connected eBook + Hardcover
9798889065845
Connected eBook (Digital Only)
9798889065869
LLPOD
9798894102351
Audiobook
9798899631252
eBook + Audiobook
9798899633942
Subject
Science, Technology, and the Law , Financial Institutions , Business Law , Elective, Other
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