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Understanding the Evolving Terrain of Cybersecurity Law: Insights from "Cybersecurity Law Fundamentals" Second Edition

  • Gabriella Ermanni

Cybersecurity law is one of the most rapidly evolving areas in the legal landscape, driven by the relentless pace of technological advancement and ever-emerging threats. Since the first edition of Cybersecurity Law Fundamentals in 2021, pivotal incidents like the Colonial Pipeline ransomware attack have reshaped the federal government's approach to cybersecurity, prompting extensive regulatory changes and new legal interpretations.

The second edition of this book, authored by James Dempsey and John Carlin, reflects these seismic shifts, and goes beyond merely listing cases and regulations. It offers a coherent and engaging narrative that guides readers through the intricacies of cybersecurity law from the perspective of a general counsel dealing with a cyberattack.

Whether you're a general counsel grappling with legal risks, a practitioner transitioning to this field, a policymaker seeking to bridge gaps in existing laws, or an educator teaching the next generation of lawyers, this book is crafted to meet your needs. Here, Dempsey details the tangled web of statutes, regulations, and guidelines that define U.S. cybersecurity law today and how these elements intersect and impact various sectors, offering practical insights and a structured approach to navigating this complex and ever-changing legal terrain.

What motivated the decision to revise and update Cybersecurity Law Fundamentals ?

I don’t think there has ever been an area of the law that has evolved as rapidly as cybersecurity law. The first edition was in 2021. For the second edition, every single chapter had to be revised, and the length of the volume grew by 50 pages, even though I moved a lot of lists of cases and details of regulations to the companion website, cybersecuritylawfundamentals.com.

Can you elaborate on the key changes in U.S. cybersecurity law since the book’s initial publication in 2021?

In May 2021, just as the first edition was being finalized, the Colonial Pipeline system was hit by a ransomware attack, shutting down the flow of petroleum products to the entire East Coast for days. That prompted a sea change in the federal government’s approach. Until Colonial, most cybersecurity law was about the protection of personal information and focused on notification to consumers and the criminal prosecution of hackers. By and large, the federal government did not regulate the cybersecurity practices of critical infrastructure. Long lines at gas stations prompted the federal government to adopt binding directives for pipelines, then railroads, then the aviation sector, and it expanded the scope of cybersecurity concerns from information technology to include “operational technology,” which encompasses all of the devices that control industrial processes. At the same time, the federal government expanded its use of trade and investment laws to limit foreign participation—especially Chinese participation—in U.S. telecommunications networks and other sectors. Meanwhile, attorneys representing consumers whose data had been stolen were continuing to develop innovative theories of standing and to explore the application of traditional tort doctrines to businesses holding personal data.

How does Cybersecurity Law Fundamentals address the evolving landscape of federal cybersecurity statutes, regulations, and guidelines, particularly from your perspective?

Cybersecurity law is a patchwork quilt, indeed, a crazy quilt, stitched together with often-mismatched doctrines: ancient common law concepts of negligence and contract; early 20th-century prohibitions of unfair and deceptive trade practices; consumer protection law; crimes reminiscent of trespass; federal and state legislation, including laws for banking, health care, medical devices, the electric power grid, and many other sectors; industry standards; national security law; and trade and investment law.

The goal of the book is to give a coherent summary of this incoherent body of law. It tries to tell a narrative; from the perspective of a general counsel whose company suffers an attack. The GC’s first instinct is “we’ve been victimized,” so the book starts with criminal law. Then the GC realizes that consumers need to be notified through breach notification letters, and, if the incident is “material,” so does the investing public, through an SEC filing, so the book describes those requirements. Then the class action lawsuits start, so the book covers standing and the types of claims that are brought. Soon, regulators such as the Federal Trade Commission or state attorneys general may open investigations, so the book describes the legal authority for such enforcement actions and the cybersecurity failings that regulators focus on. As the forensic analysis of the incident continues, it may emerge that the attacker was a nation-state, so that raises questions of national security law and the powers of the President regarding foreign trade and investment, which is where the book concludes. Along the way, there are chapters on paying ransomware and on information sharing, defensive tactics, and the government’s use of search warrants to disrupt cybercrime groups.

Could you provide insights into the significance of the Supreme Court decisions mentioned in the book, especially concerning the federal computer crime law, and standing in data breach cases?

The second edition gives considerable attention to two recent Supreme Court cases. The 2021 decision in Van Buren v. United States defined the key terms of “authorization” and “authorized access” in the federal Computer Fraud and Abuse Act. These terms had generated a major circuit split. In Van Buren, the Supreme Court made it clear that the act does not apply to employees who misuse data they were otherwise authorized to access, ending the use of the act’s civil and criminal provisions in disputes over an employee’s theft of data, for example, to start a competing enterprise.

Another 2021 decision, TransUnion v. Ramirez, addressed the question of standing in federal court. Addressing that case in the revised edition was very hard. The Court seemed to foreclose standing based on the risk of future harm in actions for damages, which had been the basis for standing in many data breach cases, where plaintiffs could not specifically allege identity theft or fraudulent use of their stolen data. But despite TransUnion, lower courts have continued to find standing even in the absence of allegations of ID theft or fraud. The revised edition describes eight different theories that have been accepted by courts, on top of actual loss of money through the fraudulent use of stolen information.

Given the diverse audience Cybersecurity Law Fundamentals caters to, how do you ensure the book effectively serves the unique needs of each group in understanding U.S. cybersecurity law?

The book does not seek to be comprehensive. For almost every topic covered, there are specialized treatises or articles. And some of the areas, such as negotiations with the Committee on Foreign Investment in the U.S., are definitely best left to experts. The book, however, is intended as an overview, for that general counsel who needs a basic understanding of the legal risks that a company faces; the practitioner seeking a career transition to this rapidly expanding practice area; the policymaker trying to understand the gaps in the law and how to fill them. And, I’m pleased to say, professors and instructors at a number of law schools use the book in their cybersecurity law classes.

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Cybercrime and its Legal Implications: Analysing the challenges and Legal frameworks surrounding Cybercrime, including issues related to Jurisdiction, Privacy, and Digital Evidence

International Journal of Research and Analytical Reviews, July 2023, Volume 10, Issue 3

15 Pages Posted: 26 Apr 2024

Ishan Atrey

Indian Institute of Management (IIM), Rohtak; University of Petroleum & Energy Studies (UPES) School of Law

Date Written: July 9, 2023

This research paper delves into the complex landscape of cybercrime and its legal implications within India. The advent of the digital age has given rise to numerous challenges for law enforcement agencies, policymakers, and legal systems worldwide. This paper examines the multifaceted issues surrounding cybercrime, focusing on jurisdictional challenges, privacy concerns, and the admissibility of digital evidence. Through an analysis of existing legal frameworks, case studies, and scholarly research, this paper aims to shed light on the evolving nature of cybercrime and the legal responses required to address this growing threat. Cybercrime has emerged as one of the most significant threats in the digital age. Cyberattacks' frequency, scale, and sophistication continue to increase, affecting individuals, organisations, and governments worldwide. It is essential to comprehend the nature of cybercrime to develop effective strategies to prevent, detect, and respond to these threats. cybercrime represents a significant challenge in the digital era, requiring a comprehensive understanding of its nature, scope, and legal implications. By studying cybercrime, researchers, policymakers, legal professionals, and law enforcement agencies can develop proactive measures to combat this growing threat, safeguard individuals and organisations, and ensure a secure digital environment. This research paper seeks to provide insights into the evolving nature of cyber threats, identify areas of improvement in legal frameworks, and offer recommendations for enhancing responses to cybercrime regarding jurisdictional issues, privacy concerns, and the admissibility of digital evidence. privacy concerns in cybercrime investigations require striking a balance between effective law enforcement and protecting individual privacy rights. This can be achieved through adherence to legal safeguards, such as obtaining proper warrants, conducting targeted surveillance, minimising data collection and retention, implementing strong security measures, and ensuring transparent oversight and accountability mechanisms.

Keywords: Cyber Crimes, Identity Theft, Cyber Security, Digital Evidence, Privacy,

Suggested Citation: Suggested Citation

Ishan Atrey (Contact Author)

Indian institute of management (iim), rohtak ( email ).

Maharshi Dayanand University Delhi Rd Rohtak, Haryana 124001 India

University of Petroleum & Energy Studies (UPES) School of Law ( email )

Kandoli Campus Dehradun, Uttrakhand 248007 India

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Cyber Law: Everything You Need to Know

Cyber law is any law that applies to the internet and internet-related technologies and is one of the newest areas of the legal system. 13 min read updated on August 30, 2022

What Is Cyber Law?

Cyber law is any law that applies to the internet and internet-related technologies. Cyber law is one of the newest areas of the legal system. This is because internet technology develops at such a rapid pace. Cyber law provides legal protections to people using the internet. This includes both businesses and everyday citizens. Understanding cyber law is of the utmost importance to anyone who uses the internet. Cyber Law has also been referred to as the "law of the internet."

Cybercrime and Cybersecurity

Areas that are related to cyber law include cybercrime and cybersecurity . With the right cybersecurity, businesses and people can protect themselves from cybercrime. Cybersecurity looks to address weaknesses in computers and networks. The International Cybersecurity Standard is known as ISO 27001.

Cybersecurity policy is focused on providing guidance to anyone that might be vulnerable to cybercrime. This includes businesses, individuals, and even the government. Many countries are looking for ways to promote cybersecurity and prevent cybercrime. For instance, the Indian government passed the Information Technology Act in 2000. The main goal of this law is to improve transmission of data over the internet while keeping it safe.

Information is another important way to improve cybersecurity. Businesses, for example, can improve cybersecurity by implementing the following practices:

  • Offering training programs to employees.
  • Hiring employees who are certified in cybersecurity.
  • Being aware of new security threats.
  • Cybercrimes can be committed against governments, property, and people.

Categories of Cyber Crime

Generally, there are three major categories of cybercrimes that you need to know about. These categories include:

  • Crimes Against People. While these crimes occur online, they affect the lives of actual people. Some of these crimes include cyber harassment and stalking, distribution of child pornography, various types of spoofing, credit card fraud, human trafficking, identity theft, and online related libel or slander.
  • Crimes Against Property. Some online crimes happen against property, such as a computer or server. These crimes include DDOS attacks, hacking, virus transmission, cyber and typo squatting, computer vandalism, copyright infringement , and IPR violations.
  • Crimes Against Government. When a cybercrime is committed against the government, it is considered an attack on that nation's sovereignty and an act of war. Cybercrimes against the government include hacking, accessing confidential information, cyber warfare, cyber terrorism, and pirated software.

Most of these types of cybercrimes have been addressed by the IT ACT of 2000 and the IPC. Cybercrimes under the IT ACT include:

  • Sec. 65, Tampering with Computer Source Documents.
  • Sec. 66, Hacking Computer Systems and Data Alteration.
  • Sec. 67, Publishing Obscene Information.
  • Sec. 70, Unauthorized Access of Protected Systems.
  • Sec. 72, Breach of Confidentiality and Privacy.
  • Sec. 73, Publishing False Digital Signature Certificates.

Special Laws and Cybercrimes under the IPC include:

  • Sending Threating Messages by Email, Indian Penal Code (IPC) Sec. 503.
  • Sending Defamatory Messages by Email, Indian Penal Code (IPC) Sec. 499
  • Forgery of Electronic Records, Indian Penal Code (IPC) Sec. 463
  • Bogus Websites & Cyber Fraud, Indian Penal Code (IPC) Sec. 420
  • Email Spoofing, Indian Penal Code (IPC) Sec. 463
  • Web-Jacking, Indian Penal Code (IPC) Sec. 383
  • Email Abuse, Indian Penal Code (IPC) Sec. 500

There are also cybercrimes under the Special Acts, which include:

  • Online Sale of Arms Under Arms Act, 1959
  • Online Sale of Drugs Under Narcotic Drugs and Psychotropic Substances Act, 1985

Cyber Law Trends

Cyber law is increasing in importance every single year. This is because cybercrime is increasing. To fight these crimes, there have been recent trends in cyber law. These trends include the following:

  • New and more stringent regulations.
  • Reinforcing current laws.
  • Increased awareness of privacy issues.
  • Cloud computing.
  • How virtual currency might be vulnerable to crime.
  • Usage of data analytics.

Creating awareness of these issues will be a primary focus of governments and cyber law agencies in the very near future. India, for instance, funded cyber trend research projects in both 2013 and 2014. In addition, India holds an international conference related to cyber law every year since 2014. The goal of this conference is to promote awareness and international cooperation.

Cyber Law and Intellectual Property

An important part of cyber law is intellectual property. Intellectual property can include areas like inventions, literature, music, and businesses. It now includes digital items that are offered over the internet. IP rights related to cyber law generally fall into the following categories:

Copyright.  This is the main form of IP cyber law. Copyrights provide protection to almost any piece of IP you can transmit over the internet. This can include books, music, movies, blogs, and much more.

Patents.  Patents are generally used to protect an invention. These are used on the internet for two main reasons. The first is for new software. The second is for new online business methods.

Trademarks /Service Marks. Trademarks and service marks are used the same online as they are in the real world. Trademarks will be used for websites. Service marks are used for websites that provide services.

Trade Secrets.  Trade secret laws are used to protect multiple forms of IP. This includes formulas, patterns, and processes. Online businesses can use trade secret protections for many reasons. However, it does not prevent reverse engineering.

Domain Disputes. This is related to trademarks. Specifically, domain disputes are about who owns a web address. For instance, the person who runs a website may not be the person who owns it. Additionally, because domains are cheap, some people buy multiple domains hoping for a big payday.

Contracts. Most people don't think contracts apply online. This is not the case. For example, when you register for a website, you usually have to agree to terms of service. This is a contract.

Privacy.  Online businesses are required to protect their customer's privacy. The specific law can depend on your industry. These laws become more important as more and more information is transmitted over the internet.

Employment.  Some employee contract terms are linked to cyber law. This is especially true with non-disclosure and non-compete clauses. These two clauses are now often written to include the internet. It can also include how employees use their company email or other digital resources.

Defamation.  Slander and libel law has also needed updating because of the internet. Proving defamation was not altered substantially, but it now includes the internet.

Data Retention.  Handling data is a primary concern in the internet age. An area where this has become a big issue is in terms of litigation. In lawsuits, it is now common to request electronic records and physical records. However, there are no current laws that require keeping electronic records forever. This is not true for physical records.

Jurisdiction.  Jurisdiction is a key part of court cases. Cybercrime has complicated this issue. If a cybercriminal is located in Minnesota and their victim is located in North Carolina, which state has jurisdiction? Different states have different rules about this issue. Also, it can depend on in what court, federal or state, a case was filed.

Protecting IP can be difficult over the internet. An example of this would be the popularity of pirated movies and music. Each business that relies on the internet needs to develop strategies for protecting their IP. Governments can also take part in this process. In 1999, India did just this by updating their IP laws .

Cyber Security Strategies

Besides understanding cyber law, organizations must build cybersecurity strategies. Cybersecurity strategies must cover the following areas:

Ecosystem. A strong ecosystem helps prevent cybercrime. Your ecosystem includes three areas—automation, interoperability, and authentication. A strong system can prevent cyberattacks like malware, attrition, hacking, insider attacks, and equipment theft.

Framework. An assurance framework is a strategy for complying with security standards. This allows updates to infrastructure. It also allows governments and businesses to work together in what's known as "enabling and endorsing'.

Open Standards. Open standards lead to improved security against cybercrime. They allow business and individuals to easily use proper security. Open standards can also improve economic growth and new technology development.

Strengthening Regulation. This speaks directly to cyber law. Governments can work to improve this legal area. They can also found agencies to handle cyber law and cybercrime. Other parts of this strategy include promoting cybersecurity, proving education and training, working with private and public organizations, and implementing new security technology.

IT Mechanisms. There are many useful IT mechanisms/measures. Promoting these mechanisms is a great way to fight cybercrime. These measures include end-to-end, association-oriented, link-oriented, and data encryption.

E-Governance. E-governance is the ability to provide services over the internet. Unfortunately, e-governance is overlooked in many countries. Developing this technology is an important part of cyber law.

Infrastructure.  Protecting infrastructure is one of the most important parts of cybersecurity. This includes the electrical grid and data transmission lines. Outdated infrastructure is vulnerable to cybercrime.

Mitigating Risk

The purpose of cyber law is to reduce risk. This can be done in several ways. Some of the most effective risk reduction strategies of cyber law include the following:

  • Cybersecurity Research and Development.
  • Threat Intelligence.
  • Improved Firewalls.
  • The Use of Protocols and Algorithms.
  • Authentication.
  • Focusing on Cloud and Mobile Security.
  • Cyber Forensics.

Another way cyber law can prevent cybercrime is by protecting the supply chain. Interruptions in the supply chain pose big security risks. This is especially true when equipment is allowed to be altered. Protecting the supply chain is key in preventing cybercrime.

Human resource departments can also reduce risk. There are three major ways to do this:

  • Realizing employees may be security risks.
  • Promoting ethical and realistic security mechanisms.
  • Recognizing employees that may be risks.
  • Promoting awareness.

Information sharing is also a key risk-reduction strategy. The best way to do this is with mandatory reporting. When a business is a victim of cybercrime, reporting it right away can reduce further threats. The U.S. promoted this with the Cybersecurity Information Sharing Act of 2014 (CISA).

Lastly, businesses can use a strong security framework. A good framework has three parts:

The Core.  These are activities that allow business to identify, protect, detect, respond, and recover from cyber threats.

Implementation Tiers. This describes how advanced a business's security system is. The tiers are Partial, Risk-Informed, Repeatable, and Adaptive. Businesses should strive for the Adaptive tier.

Framework Profile. This is a database where businesses record information about their strategies. This can include concerns and plans for new cybersecurity.

Network Security

Every network needs advanced security. This includes home networks. The most effective way to improve network security is by using the right technology. Network security technology includes the following:

Active Devices. Active devices help a network deal with too much traffic. They also prevent unauthorized traffic. These devices can include either software based or hardware based firewalls, antivirus devices or software, and content filtering devices.

Passive Devices. The most common preventive device is an intrusion detection device. These devices help to recognize unwanted internet traffic.

Preventative Devices. Many devices are focused on preventing network threats. These are called preventative devices. These devices can include network scanners and penetration testers.

Unified Threat Management. These are complete security devices. They can include content filtration, firewall technology, and web caching.

New Cyber Laws

Technology is constantly updating. This means that laws must also be constantly updated. Although U.S. law has remained the same for a long time, five laws were passed in 2014:

  • National Cybersecurity Protection Act (NCPA).
  • Cybersecurity Enhancement Act of 2014 (CEA).
  • Federal Information System Modernization Act of 2014 (FISMA 2014).
  • Cybersecurity Workforce Assessment Act (CWWA).
  • Border Patrol Agent Pay Reform Act (BPAPRA).

Most of these laws were meant to update existing legislation. FISMA 2014 updated the framework for security controls. NCPA was meant for information sharing between the private sector and the government.

The CEA was one of the most important bills. It may affect private organizations. This is because it promotes developing voluntary cybersecurity standards. This law strengthens the informal mission of the National Institute of Standards and Technology (NIST). The CEA also covers areas once covered by the Federal Financial Institutions Examination Council (FFIEC).

Both the NIST and FFIEC were informal standards. The CEA is a law and more binding. This is particularly useful for resolving disputes resulting from cybercrimes . Businesses need to understand the rules of the CEA.

Cyber Law Business Consideration

The main thing a business needs to understand is their website. A business's website is a large asset. It is also very vulnerable to cybercrime. There are a few issues a business must consider when it comes to their website:

  • Who will operate the website?
  • Will it be operated on site or off site?
  • What security measures will be employed?
  • How will email be used, and how will privacy be protected?

It's also important that businesses monitor their IP. A good way to do this is with customer review websites. These sites can both help you identify areas for improvement and can show you if your IP is being used without your permission.

When Customers Use Computers

An important part of complying with cyber law is protecting your customer's personal information. This is true even if your business doesn't have a website.

Many customers make use of online review sites to explain their satisfaction with a company. You can use these sites two ways. First, you can gauge customer satisfaction and identify areas where you can improve. Second, you can use them to see if other businesses are using your name or trademark or if someone is making untrue statements that could harm your business. Either of these issues is eligible for a lawsuit.

Before committing to a business, many customers check the Better Business Bureau (BBB). You should consider joining the BBB. Becoming a BBB member allows customers to trust your company and makes you eligible to use the BBB seal. Potential customers can also find information about your company on the BBB website. If a customer can't find your business on the BBB website, it may cause them to avoid working with your company.

It's also a good idea to make your business's privacy and security policies available to your customers. By allowing them to read these policies, you are proving your dedication to protecting their personal and financial information when they use your website.

Cyber Law Terms and Laws

There are three main terms that people need to know related to cyber law .:

  • Information Technology Law. These laws refer to digital information. It describes how this information is gathered, stored, and transmitted.
  • Cyber Law/Internet Law.  These laws cover usage of the internet. This is a newer legal area. Many laws can be undefined and vague.
  • Computer Law. This covers a large legal area. It includes both the internet and laws related to computer IP.

There have been many countries that have tried to fight cybercrime with cyber laws:

Computer Misuse Act 1990 (Great Britain). This law is mostly focused on data and computer systems. It includes three sections. Section 1 focuses on the unauthorized use of a computer (hacking). Section 2 covers situations where a Section 1 violation has occurred and further offenses are likely. Section 3 is for when a computer is altered illegally. This is usually due to a virus or denial of service act.

IT Act of 2000 (India).  This act is focused on information technology. This law both outlines offenses like hacking and trojan attacks, as well as possible solutions. One section outlines the use of digital signatures to improve cybersecurity. Some offenses can compound. This increases their potential punishment.

The Middle East and Asia. Countries across these regions use combinations of cyber laws. In certain countries, these laws are used to prevent citizens from accessing certain information.

Other laws related to cyber law that have been passed by countries around the world include electronic signature laws, information technology guidelines, and information technology laws.

Cyber law has also been used to create privacy. This is particularly true in the United States. U.S. laws that have been used to establish internet privacy include the following:

  • Warren and Brandeis.
  • Reasonable Expectation of Privacy Test.
  • Privacy Act of 1974.
  • Foreign Intelligence Surveillance Act of 1978.
  • Electronic Communication Privacy Act.
  • Driver's Privacy Protection Act.
  • Gramm-Leach-Bliley Act.
  • Homeland Security Act.
  • Intelligence Reform and Terrorism Prevention Act.

Writing and Enforcing Online Laws

The increased use of the internet has changed how older laws need to be enforced. A good example of this is copyright law and the ability for individuals to illegally download music, movies, books, and other forms of intellectual property.

The obstacle in enforcing these laws is that it is hard to trace illegal online activities to their source. Online criminals are often anonymous, and even if a crime can be traced, it is usually only linked to a computer and not a real-life person.

Another difficult is knowing what real world laws apply online. An example of this is internet transactions that take place in multiple countries. For instance, if someone in the USA sells an item to someone in the UK using a server that is located in Germany, the transaction may be regulated by the laws of all three countries.

Internet criminals have tried to take advantage of lax online law enforcement. For instance, over an eight-year period between 2000 and 2008, a company called HavenCo operated servers that were located on a navy platform. This platform had been declared a country and any servers running on the platform weren't subject to copyright laws.

The Digital Economy Act was written to address these issues, but ran into problems when it forced through British Parliament.

In addition to requiring methods for enforcing old laws, the internet also means that there is a need for new laws that cover new types of crimes like viruses and hacking.

A law meant to cover these sort of issues is the United Kingdom's Computer Misuse Act. The Computer Misuse Act criminalize any action that provides unauthorized access to a computer or damages the data that the computer contains.

However, every country has their own laws, which can complicate dealing with cybercrime. An example of this is Gary McKinnon. A British citizen, McKinnon hacked Unites States military computers. This opened the argument of whether he should face trial in his home country, the UK, or in the country where the crime was committed, the US.

Rights While Online

Another complicated issue in the internet age is how to handle personal rights. While online shopping has become common in the digital age, many shoppers aren't aware that they have the same right to return goods as they do when buying from a brick and mortar store. Also, most people don't understand the rules for how their personal information can and can't be used online.

There is so much confusion, in fact, that some users can be tricked by standard 'Terms of Use' agreement. GameStation, a popular online store, once added a line to their Terms and Conditions stating that users who accepted the agreement were required to give the store their 'immortal soul' as an April Fool's Day joke. None of the sites regular users noticed this addition.

Cyber Law FAQ

  • Are there Defined Cyber Laws?

Yes, although it is a new legal area. Governments are constantly working to craft new cyber laws. These new laws will address cybercrimes and protect individuals and organizations.

  • What Are Some Examples of Cybercrime?

There are many types of cybercrime. They can be against people, property, and the government. Cybercrimes can include things like harassment, stalking, and distributing illegal materials. Hacking and transmitting viruses are also cybercrimes. Vishing, which is a crime that involves VoIP systems, is another common cybercrime.

  • Can a Lawyer Help with Cyber Law?

Yes. The biggest benefit of having a lawyer is help complying with these laws. They can also help you plan strategies for protecting your digital IP. Hiring an attorney that understands cyber law is crucial when you're running a business over the internet.

Find a Cyber Law Attorney

If you need a cyber law attorney, then the best solution is to search on UpCounsel . When you use UpCounsel, you'll be able to pick from countless attorneys at great prices. UpCounsel attorneys can help you understand cyber law or any other complicated legal issue.  Post your job on UpCounsel today.

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Guide to cyber law degrees: Finding the best cybersecurity law degree

Best cybersecurity law degrees

Cyber security is one of the fastest-growing industries in the US and it looks like this trend is set to continue for some time. With more organizations moving operations online, it’s more important than ever for employers to prioritize their IT security systems. The frequency and severity of cyber attacks are increasing too, which adds to the need for a robust and ever-developing cyber security system. This is where cyber security legal experts come in. Individuals in these roles understand new and changing laws and regulations that help to protect sensitive data.

If you are interested in both cyber security and law, then studying for a degree in cybersecurity law could be the ideal option for you. A cyber law degree will give you the best chances of securing a career that specializes in the legal aspects of IT security.

In this guide, we reveal the different routes you can take in your studies (several types of cyber law degree exist). We also highlight some of the best cybersecurity law degrees, including the crucial aspects of these degrees, such as tuition costs, cyber law degree benefits, career opportunities, and salary expectations.

Different types of cyber law degrees

We can identify four types of degrees that will prepare you to work on the legal aspect of cyber security. There are varying amounts of training needed for each of these cyber law degrees. Let’s explore degree options for cybersecurity law, beginning with the least time-intensive program and ending with the most advanced one:

MLS (Master of Legal Studies)

This is a Master’s degree that provides a fundamental understanding of the law, focusing on:

  • Legal research and analysis
  • Risk management
  • Professional standards

If you gain an MLS cybersecurity degree, this will not allow you to practice law. However, it will provide you with relevant knowledge that can help you attain certain cybersecurity roles in private firms. For example, you can work as a legal assistant or paralegal in a company’s risk and compliance department.

J.D. (Doctor of Jurisprudence)

This is a program that provides you with a broad understanding of the law. With a J.D. under your belt, you can practice law in the US after passing a state law exam and obtaining a law license. A J.D. does not usually require that you study cybersecurity law, but many degrees include this area of study. Sometimes, you can combine a J.D. degree with a cyber security program, which will prepare you well for a job in cyber law.

LL.M. (Master of Laws)

This is an internationally recognized J.D. law degree. If you’re a US student, you must already hold a J.D. degree to be awarded an LL.M., while international students need to have a Bachelor of Laws (LL.B). LL.M. degrees focus on a specific area of law, which trains students to be an expert in that area. This means an LL.M. gives you the opportunity to concentrate on cybersecurity law.

S.J.D. (Doctor of Juridical Science)

This is the highest degree in the field of law, requiring the most training. It is equivalent to a Doctor of Philosophy (PhD). Most schools will ask that you have an LL.M. before enrolling in an S.J.D program. Like a PhD, an S.J.D. will involve a dissertation, which you will have to orally defend and which may be published as a book. During your S.J.D. studies, you can specialize in cyber security.

Best cybersecurity law degrees

Below we’ve listed some of the best cyber law degrees available, featuring a mixture of the degree options listed above:

1. Seton Hall Law School

  • Program: Master of Science in Jurisprudence (MJS) with a Concentration in Privacy Law and Cyber Security (online)
  • Tuition cost: $39,866 or $1,286 per credit

2. University of Southern California (USC) Gould School of Law

  • Program: Master of Laws (LLM) in Privacy Law and Cybersecurity (onsite)
  • Tuition cost: $68,628

3. Loyola Law School

  • Program: Master of Laws (LLM) with a Specialization in Cybersecurity and Data Privacy (onsite)
  • Tuition cost: $59,990

4. Drexel University Thomas R. Kline School of Law

  • Program: LLM in Cyber Law and Data Privacy (onsite or online)
  • Tuition cost: $37,500 or $1,250 per credit

5. Albany Law School

  • Program: LL.M. Degree in Cybersecurity and Data Privacy (online)
  • Tuition cost: $40,800 or $1,700 per credit

6. St. Thomas University

  • Program: LL.M. (Master of Laws) in Cybersecurity Law & Policy (online)
  • Tuition cost: $29,252

7. Cleveland State University

  • Program: Master of Legal Studies in Cybersecurity and Data Privacy (online)
  • Tuition cost: in-state: $17,776.50 (or $592.55 per credit) and out-of-state: $30,511.50 (or $1,017.05 per credit)

8. American University Washington College of Law

  • Program: Master of Legal Studies (MLS) with a Specialization in Cybersecurity (online)
  • Tuition cost: $64,230 or $2,141 per credit

9. Indiana University Bloomington Maurer School of Law

  • Program: Doctor of Juridical Science (onsite)
  • Tuition cost: $57,622

How to choose the right cyber law degree

There are plenty of cybersecurity law degrees to choose from. This is a result of the pace at which the field of cyber law is growing and the demand for related skills. The cyber law degrees listed above should give you a sense of what one of these programs will involve. But you need to consider your priorities if you want to opt for the most suitable one.

Here are the most important factors you should keep in mind before deciding on a particular school and cyber law program:

1. Delivery

First, you need to decide whether you want to pursue your studies online or in-person. There are advantages and disadvantages to both options. The benefits of an online cybersecurity law degree include:

  • Convenience: You don’t have to travel for your studies, such as using public transport or a car. This will save you money, time, and hassle.
  • Flexibility: There is often the option to study part-time, in the evenings, and on the weekends. Usually, you can extend the length of the program too. Flexibility can be useful if you already have a job or you plan to work while studying.
  • Being able to study at home makes it easier to accommodate a busy home life

The benefits of an in-person cyber law degree (which highlight some downsides of online education) include:

  • Access to the school’s facilities, including its libraries and other amenities.
  • The ability to discuss topics with professors and students face-to-face, which many find makes studying easier and more enjoyable.
  • Being able to separate your studies from your home life. This can be helpful if you find yourself getting easily distracted when studying at home.

2. School ranking

While it shouldn’t be the ultimate deciding factor, it’s a good idea to consider the ranking of any institution that you have in mind. This will indicate the credibility and reputation of the school, as well as the quality of education you will receive. You want to ensure that your teachers – and the knowledge they are imparting – will be of a high standard. A school’s ranking may be determined by the following factors:

  • Graduation rates
  • Retention rates
  • Social mobility
  • Faculty resources
  • Financial resources per student
  • Student satisfaction
  • Teaching quality
  • Research quality
  • Staff to student ratio
  • Average total debt upon graduation
  • Employability

By opting for a school that scores well in these features, you can feel confident that you will receive a high-quality education. A cyber law degree – especially an advanced one – is a serious investment of time, money, and effort. You want to make sure that everything you invest in your studies is worth it. This means having an enjoyable educational experience, being able to receive valuable support when you need it, and having job prospects when you graduate.

As you can see from the degrees mentioned above, pricing can vary considerably. The type of cybersecurity law degree you choose will greatly influence the overall cost of your education. This is partly because they differ in duration. For example, an MLS typically takes one academic year to complete, whereas an S.J.D. can take up to seven years to finish. Think about how long you can realistically imagine studying for.

If cost is a major factor affecting your decision, then you want to have a clear picture of your educational expenses, as well as your budget and financing options. You need to know that you can comfortably fund your studies until completion. You should also factor in costs besides tuition fees, including learning materials, living costs, and administration and application fees.

The next thing to consider is whether you can qualify for a school’s scholarship or bursary programs. These can often help to significantly reduce the cost of your education. If these aren’t an option and you need financial support, then loans may make financial sense. You might plan to fund your studies through work, which many students decide to do. This is doable, as long as you are realistic about your plan. This means being able to fit in your studies with your job, along with other areas of your life. Studying part-time, on the weekends, or in the evenings can make this option possible, as can extending the length of your degree.

At first glance, a cybersecurity law degree can seem expensive. You may be wondering if it’s worth it. However, it’s best to look at your cyber law degree as an investment. The return on your investment will be the job you can land thanks to your degree, and the salary that goes along with that. The type of cybersecurity law degree you choose will affect your career prospects, but each of them can help you secure a range of well-paid cyber law positions. According to PayScale , the average salary for those holding an LL.M. is $132,500.

4. Course structure and content

No two cybersecurity law degrees are exactly alike. When looking into cyber law programs, you should let your interests, preferences, and long-term goals guide your decision-making. After all, you want your cyber law degree to be as enjoyable, fulfilling, and useful as possible.

Ask yourself the following questions when researching degree programs:

  • Do you want your cyber law degree to be broad or specific? This will matter depending on the job you want to get hired for since some roles cover many aspects of cyber security law, whereas others are highly specialized.
  • What areas of cyber law are you most interested in studying?
  • Would you prefer to be graded based on exams, individual assignments, or team projects? Courses differ in how much weight they attach to each form of assessment. The degree structure should match your personality and comfort levels. Ask yourself, do you prefer studying alone or when collaborating with others? Do you get particularly stressed out by exams?
  • How long would you like to study for? As underscored earlier, the length of various types of cybersecurity law programs can vary, lasting between one to seven years.
  • How advanced do you want your degree to be? Some law degrees will be more complex than others. When studying for an MLS, you will gain an essential understanding of many aspects of the law. On the other hand, an S.J.D. will require you to focus on a highly specific area of law, and you will cover complex topics and concepts in much more depth.

5. Course requirements

Cybersecurity law degrees can differ in their entry requirements. Often, you’ll need to have already attained a certain degree in order to gain acceptance into a more advanced program. A minimum grade may be necessary as well. Here are the usual course requirements for each type of cyber law degree:

  • For an MLS, you will need an undergraduate degree, typically a related degree, such as a Bachelor of Laws (LLB).
  • For a J.D., you will also need at least an undergraduate degree under your belt.
  • For an LL.M., many schools will ask that you have a very good undergraduate degree in law, LLB, or equivalent.
  • For an S.J.D., you tend to need a J.D. or an LL.M. before you can get accepted onto the program.

Nevertheless, if you don’t meet the exact entry criteria, it’s worth getting in touch with the admissions department. They might be able to provide you with some leeway. For example, you might have attained some professional experience – or some other relevant qualifications – that could act in your favor.

Benefits of a cybersecurity law degree

Obtaining a cyber law degree will offer you wide-ranging benefits, including:

Improved job opportunities

If you gain a cybersecurity law degree that is more advanced than an undergraduate program, you will open yourself up to many more job opportunities. Entry-level cyber law positions may only require an undergraduate degree. However, to get hired for more senior roles, an employer may ask for a minimum of a J.D. or an LL.M., or they might at least see these qualifications as preferable or desirable.

A J.S.D., meanwhile, is recommended if you want to apply for academic positions, such as teaching or research roles. Outside of academia, a J.S.D. can still benefit you when applying and being interviewed for senior cyber law roles. It indicates to employers that you have a high level of expertise and specialization, as well as a refined knowledge base and skill set.

This advanced qualification will make you stand out from the crowd, increasing your employability and making it easier to achieve your long-term career goals. Being a leading authority on cyber law or a specific area of the field will also put you in a position to deliver sponsored talks, write articles for leading industry and news sites, and publish books.

Strong demand

To reiterate, cyber security is one of the quickest-growing industries in the US, as is the field of law. According to the US Bureau of Labor Statistics (BLS) , paralegal and legal assistant jobs are predicted to grow 10 percent through 2029. This growth is much faster than the national average job growth of four percent. The BLS also highlights that computer and IT occupations are expected to grow 11 percent through 2029.

These trends mean that you should find it relatively easy to secure a job in cyber security law. Moreover, by pursuing more advanced cybersecurity law degrees, you will increase your chances of attaining a well-paid role.

High salaries

Possessing a cybersecurity law degree will put you in a position to earn an attractive salary. With a cyber law degree and a sufficient amount of experience in the fields of cyber security and law, you can end up in an organization or role that pays extremely well. And of course, the more advanced your degree, the more you are likely to earn. Refer to the salary section below to see what cyber law experts earn, as well as how their salaries typically increase over the years.

These high salaries make sense. After all, organizations depend on cyber law experts to ensure that they comply with all policies and regulatory and legislative frameworks. A company needs to commit to every detail of IT law to maintain its credibility, reputation, and smooth functioning. Cyber security law experts are, therefore, compensated for the critical role they play in an organization and the value they provide.

Transferable skills

After completing your cybersecurity law degree, you will have gained an array of transferable skills. You will be able to apply your technical skills, knowledge, insights, and soft skills to other fields. For instance, a background in cyber law can prepare you for several roles within cyber security or law, should you decide to eventually focus on one of these fields. Transferable skills include:

  • Communication
  • Collaboration
  • Technical IT knowledge
  • Broad and in-depth knowledge of cyber security law
  • An understanding of a range of policy, legal, and regulatory concepts
  • Attention to detail
  • Problem-solving
  • Management skills
  • Analytical and research skills
  • A willingness to learn the latest developments in cyber security and IT technology

What jobs can you get with a cyber law degree?

Having a cybersecurity law degree, even with limited experience in the field, can make you a great candidate for many cyber law positions. With an MLS or more advanced degree, you can also apply for both mid-level and senior-level roles. Having relevant experience will, of course, give you a better chance of securing more advanced and well-paid jobs. Depending on which degree you complete, you may be able to apply for the following positions:

  • Security consultant
  • Cyber law consultant
  • Chief security officer
  • Security architect
  • Cyber lawyer
  • Cyber attorney
  • Cyber security analyst
  • Corporate legal officer
  • Paralegal and legal assistant

It’s important to keep in mind that some employers might also require, prefer, or desire specific certificates related to the field. Sometimes, an employer may be willing to fund the training for these qualifications since they will improve your career performance and the value you can add to the company. Check whether this is a possibility before signing up for any additional courses.

Cybersecurity law degree salary

Now, let’s turn to the topic of salary. What can you expect to earn once you have completed a cyber law degree? Based on a few of the occupations mentioned above, PayScale has found the following average salaries:

RoleAverageEntry level (<1 year)Early career (1–4 years)Mid-career (5–9 years)Experienced (10–19 years)Late career (20+ years)
Chief information security officer$165,450$106,000$123,000$128,000$167,000$178,000
Cyber security analyst$76,469$63,000$71,000$88,000$101,000$112,000
Security architect$124,214$79,000$94,000$119,000$130,000$136,000
Attorney/lawyer with cyber security skills$164,155N/AN/AN/AN/AN/A

We should emphasize, however, that these salaries will vary, based on factors such as:

  • Type of organization (for example, private, governmental, or non-governmental)
  • Level of experience
  • Level of educational attainment
  • Additional qualifications

Other qualifications to consider

You might be unsure about committing to one of the cyber law degrees described in this guide. That’s completely understandable. While degrees beyond an undergraduate level can be rewarding and useful, some may find them long, stressful, and taxing. You also don’t need the most advanced degrees (for example, an S.J.D.) to be considered for the top cyber law professions. So, if a highly complex and time-intensive program doesn’t appeal to you, gaining one or more relevant certificates is always an alternative. These qualifications can enhance your career path while being less time-consuming, costly, and challenging compared to an LL.M. or S.J.D. Certificates worth keeping on your radar include:

  • NICCS – Certified Expert Cyber Law (CECL)
  • GIAC’s (Global Information Assurance Certification) GPEN certification
  • ESCA – EC Council Certified Security Analyst
  • CISM – Certified Information Security Manager
  • EC-Council’s Certified Chief Information Security Officer

Cyber law degree FAQs

How much does a cybersecurity law degree cost.

The exact cost of your cyber law degree will depend on a variety of factors, such as the school, whether the course is onsite or online, and how long it takes you to finish the program. You can expect the cost of an S.J.D. to be significantly higher than an MLS, for instance. The cost range for a cybersecurity law degree is around $15,000–$70,000.

Is a cybersecurity law degree worth it?

A cyber law degree will allow you to progress further in your cyber law career compared to if you just had an undergraduate degree. Moreover, the more advanced your cybersecurity law degree, the more likely it is you can gain the top jobs in the industry. Nevertheless, if you want to enroll in an LL.M. or S.J.D. program, you should be ready for several years of structured education. You will also have to study topics at a more complex level than in undergraduate studies.

Is cyber law a good career?

The field of cyber security is expected to grow rapidly over the next 10 years. We’re seeing comparatively high starting salaries for cyber law occupations at every level, along with ample room for career development. Having said that, you should be aware that a cyber law position – especially a very senior one – can entail a certain amount of stress. This is because you carry a lot of responsibility for an organization’s overall IT system. Your employer is trusting you to keep their cyber security system in line with all the associated laws and regulations. On the other hand, this kind of responsibility means you can make a significant, positive, and lasting impact on an organization. This feels deeply rewarding for many working in the field.

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Identity Protection in the Digital Age: A Guide

Beware of scammers: a comprehensive guide to protecting yourself online, understanding and preventing online extortion: a comprehensive guide, protect yourself from stealing money: a guide for online safety, online dating sites for teens: recognizing and avoiding scams, is social security a ponzi scheme a comprehensive analysis.

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Understanding the Legal Framework of U.S. Cybersecurity Laws

Table of content, table of contents, introduction.

In the digital age, cybersecurity is not just a buzzword but a fundamental necessity, and the United States has developed a comprehensive legal framework to safeguard this digital frontier. The landscape of American cybersecurity law is as diverse as it is complex, encompassing various statutes and regulations that address the myriad of challenges posed by the internet and digital technology. From protecting personal data to thwarting cybercrimes, these laws form the backbone of digital security and privacy in the U.S. Let’s delve into the intricate web of cybersecurity laws in the United States, understanding their scope and the protection they offer in our increasingly digital lives.

Legal Framework

Key Cybersecurity Laws within the U.S. Legal Framework

The computer fraud and abuse act (cfaa):.

Enacted in 1986, the Computer Fraud and Abuse Act (CFAA) stands as one of the earliest and most influential pieces of legislation within the U.S. legal framework aimed at cybersecurity. It criminalizes unauthorized access to computers and networks, encapsulating a wide range of illicit activities that threaten digital security, from hacking to distributing malware. The CFAA has been pivotal in shaping the country’s approach to digital crime and cybersecurity. 

Electronic Communications Privacy Act (ECPA):

ECPA, enacted in 1986, represents a significant piece of legislation in the realm of digital communication protection. This act was designed to extend government restrictions on wiretaps from telephone calls to include transmissions of electronic data by computer, reflecting the growing use of computer and digital communication technologies at the time. It addresses the interception and disclosure of electronic communications, including phone conversations, emails, and data stored electronically. A notable aspect of the ECPA is its delineation between communication in transit and stored communications, offering protection to both.

Children’s Online Privacy Protection Act (COPPA):

COPPA, established in 1998, is a critical piece of legislation designed to safeguard the privacy of children under 13 years of age in the online environment. This act specifically targets operators of websites or online services that are either directly aimed at children under 13 or that knowingly collect personal information from this age group. Under COPPA, these operators are required to obtain verifiable parental consent before collecting, using, or disclosing personal information from children. They must also maintain the confidentiality, security, and integrity of any such information they collect. 

Health Insurance Portability and Accountability Act (HIPAA):

HIPAA, established in 1996, plays a crucial role in maintaining the confidentiality and security of sensitive patient data in the United States. It sets comprehensive standards for protecting health information that is held or transferred in electronic form. Under HIPAA, any entity that deals with protected health information (PHI), including healthcare providers, health plans, and healthcare clearinghouses, is required to implement a range of physical, administrative, and technical safeguards. These measures are designed to ensure electronic health information’s confidentiality, integrity, and security.

The Federal Information Security Management Act (FISMA):

FISMA established under the E-Government Act of 2002, plays a crucial role in the security of federal information systems in the United States. Its primary objective is to protect government data against threats and vulnerabilities, which is increasingly important in our digital age. FISMA mandates federal agencies to develop, document, and implement comprehensive information security and protection programs. These programs are not static; they require regular assessment and updates to address new challenges and evolving cyber threats.

The Cybersecurity Information Sharing Act (CISA) of 2015:

This significant piece of legislation facilitates a cooperative environment between government entities and private sector companies by encouraging the sharing of information about cybersecurity threats and breaches. Under CISA, both governmental agencies and private organizations are incentivized to exchange critical data regarding cyber threats, enhancing the collective defense against cyber attacks. This sharing of information not only helps in preempting potential cyber incidents but also aids in formulating effective strategies for responding to and mitigating the impact of cyber attacks. CISA, therefore, is a cornerstone in the legal framework designed to bolster the national cybersecurity posture, promoting a more informed and collaborative approach to addressing the ever-evolving landscape of cyber threats.

Legal Framework

The Evolving Nature of Cybersecurity Laws

  • Keeping Pace with Technology: As technology evolves, so do the threats, making it essential for these laws to be regularly updated and adapted.
  • Sector-Specific Regulations: Different sectors have unique regulations, such as finance and healthcare, addressing specific vulnerabilities and requirements.
  • State-Level Legislation: In addition to federal laws, many U.S. states have their cybersecurity laws and regulations, adding another layer of complexity.

The Importance for Businesses and Individuals

Understanding and complying with these laws is crucial for businesses to avoid penalties and for individuals to understand their rights and protections in the digital space.

Cybersecurity laws in the United States form a critical framework for protecting not just digital assets and information but also the rights and privacy of individuals and organizations. As we navigate through the digital age, staying informed and compliant with these laws is paramount for ensuring a secure and resilient digital ecosystem. Whether you’re a business, a cybersecurity professional, or an everyday internet user, understanding these laws is key to navigating the digital landscape safely and responsibly.

The Necessity of VPN End-to-End Encryption on Public Wi-Fi

Your guide to privacy awareness against cold calls.

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ePublic Safety

Hey there, I'm Branden – your ally in the ever-twisting maze of cybersecurity. Here at the ePublic Safety Foundation blog, we're not just about tech talk; we're about stories, connections, and real-life solutions. Driven by the inspiring legacy of Bud and June Runion, our family has embarked on a mission to make the digital space a haven for all. From unraveling tech mysteries to sharing the latest in online safety, I'm here to guide you with a blend of enthusiasm and expertise. Let’s embark on this enlightening journey together, turning the complexities of the internet into opportunities for growth and safety. So, grab your digital backpack and join our community – where learning about cybersecurity is as exciting as it is essential!"

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This practice area has evolved with the world’s increased connectivity through the use of modern technology and cyberspace and the accompanying growing vulnerabilities from physical and cyber threats. Courses in this practice area explore the use of the internet and technologies, as well as sophisticated cyber actors and nation-states and how they exploit vulnerabilities, steal information and money, and develop methods to disrupt, destroy, or threaten essential services. The field includes law on the use of securing the critical cyber infrastructure, cyber breaches, armed forces and intelligence operations abroad, counterterrorism, homeland security, management of crises, congressional oversight, and classified information. The two foundational survey courses are National Security Law and Cybersecurity Law and Policy. The remaining advanced courses pursue in greater detail issues raised in the survey courses.

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Learn About Master's Degrees in Cybersecurity Webinar

Webinar: Master's Degrees in Cybersecurity

Learn about the flexible programs in cybersecurity law offered at the George Washington University Law School, including:

  • MSL in National Security and Cybersecurity Law
  • MSL in Government Procurement and Cybersecurity
  • Specialized LLM in National Security and Cybersecurity Law

Take courses online or on our downtown Washington, DC campus. Our flexible programs are designed for the working professional. No JD is Required. (DAU transfer credits accepted.)

Watch Recording

JD candidates may earn Recognition of a JD Concentration in National Security and Cybersecurity Law by successfully completing (i.e., receiving a grade of C- or better) 14 credits of coursework in National Security and Cybersecurity Law (listed below), including the following required courses — National Security Law (6870), Cybersecurity Law and Policy (6879), and Technology Foundations for Cybersecurity (6884) or National Security Law (6870) and Cybersecurity Law and Technology (6890)  —and four cyber law credits from the Advanced Courses listed below plus two credits graded on the basis of a research paper that meets the standards for the law school’s legal writing requirement, either written in conjunction with one of the required, advanced, or additional courses in the practice area or, with advance approval of the program director, written for a journal, independent legal writing, or a course that is not included in the Bulletin list on a national security and cybersecurity law topic. Note: Students who receive credit for Law 6879, Cybersecurity Law and Policy or Law 6884, Technology Foundations for Cybersecurity may not enroll in Law 6890, Cybersecurity Law and Technology. Up to two credits earned through a national security-related Field Placement (6668) may count toward the concentration credits, with approval of the program director. (Students who have a background in information technology may submit a request to the program director to obtain a waiver from Technology Foundations enrollment.) Note: students cannot obtain concentrations in both National Security and Cybersecurity Law and International and Comparative Law or concentrations in both National Security and U.S. Foreign Relations Law and National Security and Cybersecurity Law.

Foundation Courses

  • National Security Law (6870)
  • Cybersecurity Law and Policy (6879)
  • Technology Foundations for Cybersecurity (6884)
  • Cybersecurity Law and Technology (6890)

Advanced Courses

  • Computer Crime (6396)
  • Constitutional Law Seminar (Cyber, Privacy and Speech) (6399)
  • Telecommunications Law (6414)
  • Public Law Seminar (Telecommunication and Technology) (6426)
  • Computer Law (6484)
  • Law in Cyberspace (6485)
  • Information Privacy Law (6486)
  • Internet Law (6493)
  • Space Law (6548)
  • Intelligence Law (6878)
  • Artificial Intelligence Law and Policy (6881)
  • Counterintelligence Law and Policy (6883)
  • Foreign Access to US Technology (6891)
  • Selected Topics in Cybersecurity Law (6892)**
  • Disinformation, National Security, and Cybersecurity: Overview and Legal Approaches (6893)
  • Blockchain: Law, Policy, and Cybersecurity (6894)
  • Global Policy Law and Conflict Seminar (6895)
  • Consumer Privacy and Data Protection: Regulatory Approaches (6896)
  • Cybersecurity Law Crisis Challenges: Protecting Critical Infrastructure, Risk Management, and Incident Response (6898)

Additional Courses

  • Professional Responsibility and Ethics (National Security) (6218)
  • Role of the Federal Prosecutor (6363)
  • Immigration Criminal Enforcement (6367)
  • Law of Separation of Powers (6384)
  • Legislation (6416)
  • Legislative Analysis and Drafting (6418)
  • Congressional Investigations Seminar (6420)
  • Veterans Law (6423)
  • Veterans Advocacy (6428)
  • Anti-Corruption and Compliance (6511)
  • International Law (6520)
  • International Money Laundering, Corruption, and Terrorism (6521)
  • Immigration Law I (6538)
  • Refugee and Asylum Law (6540)
  • International Law of Human Rights (6546)
  • Law of the Sea (6550)
  • Law of War (6552)
  • U.S. Export Control Law and Regulation (6553)
  • International Criminal Law (6554)
  • Nation Building and the Rule of the Law (6559)
  • Selected Topics in Public International Law (6561)**
  • Public International Law Seminar (6562)**
  • Human Trafficking Law (6572)
  • Legal Drafting (National Security) (6652)
  • Field Placement (6668)
  • Selected Topics in National Security Law (6869)**
  • U.S. Foreign Relations Law (6871)
  • National Security Law Seminar (6872)**
  • Military Justice (6873)
  • Comparative Military Justice (6874)
  • Counterterrorism Law (6875)
  • Homeland Security Law and Policy (6876)
  • Nuclear Nonproliferation Law and Policy (6877)
  • The Law of Emergencies: Natural Disasters, Climate Crises, Pandemics, and Beyond (6880)
  • Foreign Intelligence Surveillance Act (6882)
  • Transnational Security (6885)
  • Domestic Terrorism (6886)
  • Problems Trying Terrorists in Article III Courts (6887)
  • Crisis and Legal Controversy in the Central Intelligence Agency (6888)
  • Aviation Law and National Security (6889)
  • Foreign Direct Investment Law: The Committee on Foreign Investment in the U.S. and National Security (6897) 

**For 2024-2025:

  • Public International Law Seminars may include Arms Control
  • National Security Law Seminars may include Internal Investigations, Modern Politics, and the Office of the Inspector General
  • Selected Topics in National Security Law may include  Law of Secrecy ; Domestic Deployment of the United States Military ; and the Law of War, Civilian Harm Mitigation, and Response  
  • Selected Topics in Cybersecurity Law may include Cybersecurity in the United Nations

Declare Your Concentration

For JDs who would like to formally declare a National Security & Cybersecurity Law concentration, please visit the  GW Law Forms webpage  and fill out the  JD Concentration Declare/Withdraw Form  for the Records Office.

JD Concentration Form

For those who have already earned a JD, a Master of Laws (LLM) is offered in National Security and Cybersecurity Law.

All candidates for the LLM degree must complete a total of 24 credit hours, including coursework that satisfies the written work requirement. Those working towards a specialized degree must complete the minimum required number of hours in courses listed for that program. Related courses are recommended for the remaining course work.

NS&Cyber Law Study Plan (US LLM)

NS&Cyber Law Study Plan (Intl LLM)

Learn more about an LLM in National Security & Cybersecurity Law

A Master of Studies in Law (MSL), a degree designed for non-lawyers interested in law, can now be received with a concentration in Cybersecurity.

NS&Cyber Law Study Plan (MSL)

Learn More about an MSL in National Security & Cybersecurity Law

Learn More about an MSL in Government Procurement & Cybersecurity Law

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316 Intro to Cyber Law and Policy

This course will provide an introduction to the dynamic and evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors. The goal is to introduce students to the legal and policy frameworks that guide lawyers and decision-makers in a world of rapid technological change, with a primary emphasis on cybersecurity and privacy. We will discuss today’s threat landscape and approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare. We will also consider the legal and policy issues surrounding the collection and use of personal data, with a focus on both domestic and international data privacy protections. Other topics will also be explored, such as the impact of emerging technologies and markets (e.g., machine learning, digital currencies, platform media) and the ethical responsibilities of lawyers. Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time.   This course is introductory in nature and no technical background is necessary.

Note: Students who have taken Law 609, Readings in Cyber Law with Stansbury, may not take Law 316, Intro to Cyber Law. 

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In this section

  • Legal Writing Resources
  • Student Scholarship
  • Bar Application

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.

Cybersecurity Law Degrees in the United States: A Complete Guide (2024)

cybersecurity law degree courses in the united states

Cybersecurity is one of the fastest-growing occupations in the United States, and it appears to be growing at a breakneck pace.

As the number of cyber assaults is growing on organizations, which necessitates the adoption of a stringent and ever-expanding cybersecurity legal system. This is where cyber security legal experts come in.

As the frequency and severity of cyber breaches increase, so does the political pressure for legislation to safeguard personally identifiable information (PII), proprietary data, and intellectual property.

The need to comprehend and follow new and changing legislation and regulations creates a lucrative market for cybersecurity legal services. Compliance with cybersecurity regulations is critical to company success.

Either as a litigator or an advisor, you may work as a cybersecurity lawyer. What is the distinction between the two, according to you?

If you’re looking for a way to combine your interests in cyber security and law, a cybersecurity legal degree may be the best choice.

We also point out some of the top cybersecurity law degrees, including details on the qualifications themselves, such as tuition rates, cyber law degree advantages, professional prospects, and salary expectations.

Table of Contents

What are the Different Choices Of Cybersecurity Law Degrees Available?

Mls (master of legal studies).

The MLS is a unique degree that can be completed in 1 year. The program teaches law students about the legal environment of cyber security but does not include a law degree.

It may help to learn the legal system in order to work in IT security, but you do not have to be a lawyer to earn an MLS.

An MLS can be used to study the law as it applies to cybersecurity issues. It may also help you to find work within security system consulting or cyber insurance companies.

J.D. (Doctor of Jurisprudence)

The Juris Doctor Degree (JD) is the most popular and well-known degree in law.

Legal education will enable you to work as a cyber security lawyer or paralegal, providing counsel and litigation support for corporate, criminal, and government agencies involved with information technology security.

In cybersecurity law, you will have a wide range of options upon graduation from a JD degree program.

A JD is the only degree that qualifies you to take a bar exam and obtain a license to practice law in a state.

LLM (Master of Laws)

An LLM is a postgraduate degree that qualifies you for work in the legal arena of cyber security. It also provides you with an understanding of legal principles and cyber law courses but does not include a full-fledged law degree.

Aspiring lawyers who are already working in information technology can use this education to gain additional knowledge of cybersecurity law.

An LLM degree provides specializations in cyber security law, intellectual property, digital forensics, electronic discovery, and related areas of law.

S.J.D. (Doctor of Juridical Science)

The S.J.D. is a research doctorate, considered the most advanced law degree available and it includes both coursework and a dissertation for those who wish to become legal academics or researchers in the field of cybersecurity law.

You can also opt to transfer credits from another program into your SJD (Doctoral) degree if you already have an LLM or other postgraduate law degree.

An S.J.D./Ph.D. has research requirements that go beyond any other type of doctoral degree in law; however, you will gain valuable insight into modern legal issues, such as the use of technology in criminal cases.

How To Choose The Right Cyberlaw Degree?

This has resulted in many universities starting up cyberlaw degree programs. But before you choose one, there are a few things you should keep in mind…

When choosing your cyber law master’s degree program, here are some factors you should consider:

1) Length of the program

Some universities offer joint degrees, which take longer. These can go up to seven years for completion. There are also accelerated degrees that take less time to finish.

2) Job prospects for cyberlaw graduates

The number of job opportunities available for cyber law graduates is high across sectors, from big companies to small businesses. However, there are more openings in government agencies due to their constantly expanding role in cybersecurity threats.

3)  Course structure

For instance, the University of Maryland offers a Master’s degree in Cybersecurity Law, which includes disciplines in cybercrime, information warfare, critical infrastructure protection, and cloud computing.

4) Placements

Most universities offering cyberlaw degrees employ their students through paid internships during the course duration. These internships may help you secure employment after graduation too.

It is essential to check how many such opportunities are available at each university before making your choice. The quality of placements offered by different institutions may also vary.

This approach has its benefits, but it’s worth noting that while there are some part-time and online J.D. and LL.M. degrees available, many courses need students to attend full-time in-person (when in-person classes are available).

With an MLS, the risk of additional training becoming impossible if life circumstances do not permit the student to attend law school full-time begins. Returning to school is often more challenging than remaining in school.

Online Cyber Law degrees

This convenience makes it perfect for those who have full-time jobs and need to study at their own pace and time.

This is especially true for those who already have full-time jobs and need to take up a degree program in their spare time.

The fact that these courses are conducted over the Internet makes it easy for people to pursue them from the privacy of their own homes without having to worry about transportation or childcare issues.

Online degrees are ideal for studying cyber law but don’t have the time or money to enroll in a regular university. Another advantage of looking online is that you get to interact with your fellow students on forums, blogs, and email.

You can post questions if you get stuck with any assignment or even solve queries posted by other students. You can also join discussion groups that are based on your geographical location or the university you study in.

What’s more, you cannot excel in such courses if you don’t spend enough time on your studies.

Offline Cyber Law degrees

You get to interact with students as well as teachers, which ensures that no one falls behind or gets confused during the course of study.

For this reason, cyber law degrees online are perfect for people who have busy schedules and need to work on their assignments at their own pace.

Requirements & Prerequisites: Cyber Law Degree

1) opt for it courses.

At the very least, take basic networking or cybersecurity course. These courses will help you better understand networks from an IT professional’s perspective.

Furthermore, at your law school, you should complete privacy and/or cybersecurity courses. Understand the latest problems that develop in the sector, as well as case law.

2) Take IT training if you haven’t already

Let’s take a closer look at how you can start developing skills and expertise by understanding what this means in terms of your profession.

3) IT certificates are necessary

CBEST is a computer-based test that assesses candidates’ understanding of security and network architecture. The CBKIT and the IT certifications demonstrate a thorough fundamental knowledge of cybersecurity and network security.

Taking a certification exam will give you a theoretical framework for how IT professionals combat security risks and vulnerabilities. CompTIA offers Security+, Cybersecurity Analyst+, Pentest+, and CompTIA Advanced Security Practitioner.

We only gave you a short rundown on how to become a cybersecurity lawyer, as previously stated. Follow the path that works best for you. Some people, for example, may not require an IT accreditation, while others may find it beneficial.

However, gaining practical experience can be beneficial when dealing with IT experts and management. IT managers and staff, in particular, become frustrated by lawyers who purport to have expertise in cybersecurity but turn out to be woefully ignorant of the subject.

Best wishes on your journey!

Benefits of Cyber Law Degree

Firstly, you will be studying law at the postgraduate level. This means there is an obvious increase in earning potential when compared to if you studied for a bachelor’s degree in this field.

Thirdly, there is research on the employment prospects and earning potential of those who hold cyber law degrees.

For example, if you want to work at a big business where legal issues might arise (and they do), having this type of degree will help you stand out from the pack.

A cyber legal education will provide you with a number of advantages, including:

If you obtain a higher-level cybersecurity law degree than an undergraduate program, you will have a wider range of employment possibilities.

Cyber Law Degree Curriculum, Course Details & Subjects

The curriculum requirements for a Master of Laws degree with a focus on cybersecurity law may be found at the University of Texas School of Law. In the LL.M. Program, The Texas Law university does not accept transfer credits like many other law schools.

Foreign Lawyers’ Constitutional Law (This is a prerequisite for students with a foreign law degree.) Students with a common-law background may request an exception to this requirement.)

Non-US J.D. students who wish to take a US state bar exam must also complete particular bar-required courses to be qualified to take the exam.

Cybersecurity Law & Policy — This course deals with policy, legal framework and institutional concerns regarding litigations and other regulatory issues to cybersecurity.

International Law of Cyber Conflict – This course looks at how international law may be applied to state-sponsored cyber operations.

Top Cyber Law Schools in the U.S (with cost)

Law school is not inexpensive: the total earning potential and cultural standing associated with being a lawyer command high tuition prices.

1.Columbia University – $72,465
2.Harvard University – $67,081
3.New York University – $68,934
4.Northwestern University (Pritzker) – $66,806
5.Stanford University – $64,554
6.University of California–Berkeley – $52,017
7.University of Chicago – $66,651
8.University of Pennsylvania (Carey) – $67,998
9.University of Virginia – $63,200
10.Yale University – $66,128

A Doctor of Jurisprudence is generally earned after three years of full-time study in an American Bar Association-approved law school. An LL.M. in Cybersecurity will take another year to complete.

Students who want to acquire a J.D. and then an LL.M. in cybersecurity in four years at one of the top 10 U.S. law schools may expect to pay total tuition of more than $262,000 on average.

Is Cyber law a good career option?

In recent years, this has become one of the most difficult job fields. Cyber law students are in high demand and earn good salary packages.

List of Jobs related to Cyber Law

As previously said, Cyber Law is a vast field with a wide range of career prospects for cyber law professionals. The following is a list of the same:

Cyber Lawyer

Cyber assistant.

Cyber Assistants are employed to identify and solve possible and actual security problems as well as safeguard computer systems by establishing control structures, access permissions, control structures, and resources.

Cyber Legal Advisor/Cyber Consultant

In-house counsel.

In-house counsels will assist in identifying cyber concerns and advocating for a board member responsible for a company’s cybersecurity.

Cyber Law Expert

They are in charge of determining who requires access to the firm’s information and devising, coordinating, and executing all information security measures.

Cyber Law- Lecturer

Paralegal and legal assistant.

A legal assistant or paralegal assists a lawyer by conducting research, preparing legal documents, and assisting in the courtroom. He/she also helps lawyers in interviewing clients and witnesses.

Cybersecurity architect

The job of a cyber security architect is to design and implement a company’s information system by gathering the data, assessing it, and devising a strategy that balances the organization’s needs with its risks.

Cyber Law Corporate Legal Officer

Cyber law attorney.

Most people are surely aware of the fact that they absolutely need an attorney for just about any legal issue, even if it is something as simple as a traffic ticket.

A person generally knows that they should have a competent attorney handle any legal issue for them.

– Trespassing on someone else’s website with the intent to cause harm or stealing of information.

Cyber Law officer’s salaries in the US

Many law firms have started to develop their own cybersecurity practices. Candidates with qualified LL.M. degrees will be employed as consultants, chief security officers for corporations, and attorneys in both public and private corporations.

According to the USC Gould School of Law, an LL.M. graduate can follow one of five vocations. Law Firm Partner is the most suitable of the five for a cybersecurity specialization.

Cyber Security Law: The Road Ahead

For people interested in becoming cybersecurity legal professionals, taking IT and information security undergrad courses is a smart investment.

The National Jurist reported in late 2017 that “the typical compensation for first-year associates at legal firms with fewer than 50 lawyers was $90,000, half of what their big law firm peers in key areas make.” The typical beginning wage for companies with more than 700 lawyers was $156,050.”

Kevin James

Related posts, 5 best cybersecurity bootcamps for beginners in 2024, top best cybersecurity certifications for career growth (2024).

Scientific, corporate, political, military, financial, and medical institutions create, store, and analyze an unprecedented quantity of data daily, most of… 

Best Cybersecurity Bachelor’s Degree Programs in the United States for 2024

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LL.M. in Cybersecurity Law

LL.M. in Cybersecurity Law

As the digital world evolves and grows, there is an increased focus on cybersecurity laws and regulations. Indeed, in realms like data privacy, financial security, and social media, there is growing body of legal statutes that are almost constantly shifting.

An LL.M. in Cybersecurity Law can help students grasp the legal fundamentals in a digital world, and maybe even what's next. These programs often cover a range of topics, including how information is regulated, the role of commerce, and the importance of security in regards to online financial transactions, among others. In some Cybersecurity LL.M. programs, there might be a strong overlap with Technology Law LL.M. programs. 

Some of these specialized degrees might even include an internship or project component, which can help students apply their academic learning in cybersecurity to a real-world environment. 

An LL.M. in Cybersecurity Law can help students grasp the legal fundamentals in a digital world, and maybe even what's next. These programs often cover a range of topics, including how information is regulated, the role of commerce, and the importance of security in regards to online financial transactions, among others. In some Cybersecurity LL.M. programs, there might be a strong overlap with Technology Law LL.M. programs. 

Some of these specialized degrees might even include an internship or project component, which can help students apply their academic learning in cybersecurity to a real-world environment. 

In terms of careers after an LL.M. in Cybersecurity, there are many options. Some graduates go on to work in the legal departments of large organizations in the tech world. Others might pursue careers as regulators, in government bodies responsible for cybersecurity. A growing number of graduates are also going into the growing field of cybersecurity law consulting.

See below for a list of all LL.M.s in Cybersecurity Law.

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All LL.M. Programs in Cybersecurity Law

1-15 of 18 results sorted by featured popularity name city

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Loyola Los Angeles

Full-Time: American Law LL.M., LL.M. in Civil Litigation and Advocacy, LL.M. in Criminal Justice, LL.M. in Cybersecurity & Data Privacy, LL.M. in Enter... more…

Distance Learning: Online Master of Laws (Tax LLM) more…

Osgoode Hall - York

Full-Time: LL.M. Canadian Common Law, LL.M. International Business Law, LL.M. Taxation Law more…

Part-Time: LL.M. Administrative Law, LL.M. Business Law, LL.M. Canadian Common Law, LL.M. Constitutional Law, LL.M. Construction Law more…

By Research: Research LL.M. more…

Full-Time: Master of Laws (LL.M.) in Transnational Crime and Justice more…

Distance Learning: Master of Laws (LL.M.) in Cybercrime, Cybersecurity and International Law 2023-24 more…

USC Gould

Full-Time: Master of Laws (LL.M.), Two-Year Extended LL.M., Master of Laws in Alternative Dispute Resolution (LL.M. in ADR), Master of Laws (LL.M.) in... more…

Distance Learning: Master of Laws (LL.M.), Online Master of Studies in Law (MSL), Online Certificates in Business Law, Compliance, Entertainment Law & Industry... more…

Maryland - Carey

Full-Time: Master of Laws (LL.M.) more…

Distance Learning: Master of Science (MS) in Health Care Law (Online), Master of Science (MS) in Homeland Security and Crisis Management Law (Online), Master o... more…

Albany Law

Full-Time: LL.M. for International Lawyers, LL.M. in Advanced Legal Studies, LL.M. in International Law, J.D. Program more…

Distance Learning: Online LL.M. in Cybersecurity and Data Privacy Law, Online LL.M. in Financial Compliance and Risk Management, Online LL.M. in Health Law and... more…

Birmingham

Full-Time: LL.M. (General), Commercial Law LL.M., Criminal Law and Criminal Justice LL.M., International Commercial Law LL.M., Global Energy and Enviro... more…

Distance Learning: Online LLM in Energy and Environmental Law more…

By Research: Law PhD, MPhil, MJur more…

IU Maurer - Bloomington

Full-Time: General LL.M., LL.M. Business and Commercial Law, LL.M. Financial Regulation and Capital Markets, LL.M. Information Privacy and Cybersecurit... more…

Distance Learning: Masters in Business Laws (MBL) in M&A, Investment and Institutional Finance, Masters in Business Laws (MBL) in Intellectual Property Law and... more…

Full-Time: Master of Laws, Master of Laws in Global Business Law, Master of Cybersecurity (Law), Master of Law and Entrepreneurship more…

By Research: Master of Laws more…

Full-Time: LLM in Legal Practice, Law (International Commercial Law) LLM, Law (Cyber Law) LLM, Law (International Finance) LLM, Law (Space Law) LLM more…

Part-Time: Bar Course LL.M. more…

Distance Learning: Employment Law in Practice LLM, Medical Law Postgraduate Certificate / LLM, Advanced Legal Practice LLM, Professional Practice in Mental He... more…

Full-Time: LL.M. in Intercultural Human Rights more…

Distance Learning: LL.M. in Cybersecurity Law & Policy more…

Full-Time: LL.M. in Global Legal Studies, LL.M. in Space, Cyber, and Telecommunications Law more…

Full-Time: LL.M. in American Legal Practice, Master of Legal Studies Program more…

Distance Learning: Online LLM in Cyber Law and Data Privacy, Online LLM in Health Care and Pharmaceutical Law more…

Full-Time: LL.M. in Global Business and Financial Law, LL.M. in Legal Innovation and Technology, LL.M. in International Intellectual Property Law, LL.M... more…

Dual Degree: LL.M. / MBA, JD / LL.M. in Global Business and Financial Law more…

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Centre for Cyber Laws

The Centre for Cyber Laws has been established to understand the socio-legal issues related to ever evolving cyberspace. Cyberspace is infinite and has potential to grow and evolve infinitely. The issues related to cyberspace are also evolving with the advancement of information technology. The global IT revolution and the emergence of new technologies such as artificial intelligence, Internet of Things, e- commerce industry, new form of currency, issues pertaining to the governance of cyber space and more particularly the post covid-19 new world order have necessitated the need to focus on the legal research pertaining to new kinds of cybercrimes, issues related to cyber security and data protection and online privacy laws and above all into the new evolving cyberspace trends and patterns which shall shape the future of human civilisation and legal issues pertaining to it.

The objective of the Centre is to bring the professionals, academicians, cyber law experts, technology experts, law enforcement agencies, researchers and students together to have focussed deliberations, discussions and debates related to issues of cyber space and cyber laws. The Centre also aims to spread awareness related to various issues related to cyber laws such as cybercrimes, contraventions and cyber security issues.

Composition

Chief Patron: Prof. (Dr.) G.S. Bajpai Vice Chancellor NLU, Delhi

Patron: Prof.(Dr.) Ruhi Paul Registrar NLU, Delhi

Director: Dr. Aparajita Bhatt, Assistant Professor of Law, NLU Delhi

Any queries regarding the centre please drop email at: [email protected]

research areas in cyber law

The vision of the Centre for Cyber Laws is to create a research oriented space through which further research, discussions and deliberations on issues related to cyberspace and cyber laws can be done.

Scope of Activities

The scope of activities under the Centre involves the following:

  • Focused and in-depth research into different aspects of cyberspace and issues pertaining to cyber laws.
  • To conduct training sessions on cyber laws for academicians, industry professionals, law enforcement agencies and students.
  • Develop Courses on Cyber laws.
  • Collaborations with other organisations/universities/institutes with research focus in the same area.
  • Organise Webinars/conferences/seminars/ round table and panel discussions on contemporary areas of cyber laws.
  • Conduct special session for students and guide them for more research in this area.
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US brings False Claims Act charges over Georgia Tech’s cybersecurity

research areas in cyber law

Filed under

  • IT & Data Protection
  • Cybersecurity
  • Misrepresentation
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  • US Department of Defense
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  • False Claims Act 1863 (USA)
  • US District Court for Northern District of Georgia
  • Education & research
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  • Other industries
  • Software & SAAS
  • Universities and research institutions

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Conducting Research in the New Abortion Care Policy Landscape

  • 1 University of Michigan Ford School of Public Policy, Ann Arbor
  • Research Letter A Cautionary Note on Trends in Maternal Death Post- Dobbs v Jackson Women’s Health Amanda Jean Stevenson, PhD; Leslie Root, PhD JAMA Network Open

The public policy chaos fueled by the June 2022 Dobbs v Jackson Women’s Health Organization Supreme Court decision has created a critical need for objective and high-quality abortion policy evaluation research. Stevenson and Root 1 rose to this challenge by conducting a convincing analysis of recent trends in maternal mortality, motivated in part by pro-life advocate claims that the recent observed decline in pregnancy-related death is the counterintuitive result of more restrictive abortion policies post– Dobbs v Jackson Women’s Health . Using 5.75 years of monthly national maternal mortality data from January 2018 through September 2023, their decomposition approach considered spikes in mortality from COVID-19 and potential seasonal fluctuations in maternal deaths. The findings clearly demonstrate that the observed decline in maternal mortality after the 2022 Dobbs v Jackson Women’s Health ruling is the result of a resolution of the COVID-19 mortality shock, not because of new restrictive abortion laws being passed by state legislatures.

This work is among the first published analyses of the potential effects of restrictive state abortion policies in the post– Dobbs v Jackson Women’s Health aftermath. Additional research on a wide array of potential outcomes needs to be conducted to fully understand the range and magnitude of the outcomes of state-level abortion policies. Based on a plethora of prior research regarding unintended pregnancy and abortion, reduced access to abortion care is thought to decrease the incidence of abortion but also increase the risk and incidence of myriad adverse maternal and infant health outcomes. 2 Restrictive abortion policies are also expected to increase child poverty, increase the number of families that experience serious financial instability or hardship, and put additional pressures on underresourced social welfare systems. 2 In addition, there is great concern that restrictive abortion laws will negatively impact physician choice regarding where to train or practice and the availability of obstetric care across states. 3

After major public policy reforms, it is common for stakeholders—proponents and opponents alike—to look for positive and negative policy effects immediately. While easy to conduct, armchair policy impact pontification is fraught with error and false conclusions. Identifying the impact of public policy change is not a simple task. Besides the obvious cautionary chant that correlation is not causation, evaluating the degree to which public policy shifts are having both intended and unintended consequences requires sound approaches to methods, timely access to quality data, and sophisticated statistical analyses that control for underlying trends and confounding factors. 4

Furthermore, there is often discussion and debate among researchers themselves regarding how to investigate the effects of important public health, medical, and health care interventions and policies. The convening of expert panels or working groups to provide guidance regarding research priorities and best approaches to research design, data or measurement, and analyses on specific topics is long-standing. It can provide essential scientific direction to emerging issues, including ones fraught with political controversy. For example, the National Academy of Medicine has convened many methods-focused committees in challenging areas of research, including reports such as Priorities for Research to Reduce the Threat of Firearm-Related Violence (2013) and A Framework for Assessing Mortality and Morbidity After Large-Scale Disasters (2020).

There is a crucial need for investment in scientific discourse regarding how best to investigate the wide range of potential medical, public health, and social welfare effects of public policy related to abortion care. 5 An organization with authority and resources, such as the Department of Health and Human Services, the National Academy of Science, Engineering, and Medicine, or a foundation with a health-related mission, should quickly convene an ad hoc panel of experts to produce a nonpartisan, nonideological consensus document that provides guidance for objective public policy evaluation research associated with state-level restrictive abortion care policies. Such a panel could help create a priority research agenda for funders and provide guidance regarding data or measurement, research designs, statistical analyses approaches, and other methodology issues. This includes guidance for taking advantage of state differences in policy design, timing, and state contextual factors (eg, state Medicaid policy) and for subpopulation analyses since restrictive abortion laws are likely to have differential effects based on race or ethnicity, age, socioeconomic status, and geography.

In summary, the analysis by Stevenson and Root 1 provides a convincing assessment of an issue regarding abortion policy: the recent decline in maternal mortality after the Dobbs v Jackson Women’s Health ruling may be the result of a decrease in COVID-19–related maternal death rather than state legislatures’ new power to ban or severely restrict abortion care. However, there are many other important research questions regarding the health and social effects of the new abortion policy regime in the US. Investments in public policy evaluation research must be made quickly, including guidance for a priority research agenda and associated objective research designs, methods, and analysis approaches. Otherwise, the erroneous musings of amateur analysts of all ideological perspectives are likely to obscure a deep understanding of the actual effects of restrictive abortion policies on individuals and on population health outcomes, including medical care access, maternal and infant health, and the social welfare of families and children.

Published: August 27, 2024. doi:10.1001/jamanetworkopen.2024.30000

Open Access: This is an open access article distributed under the terms of the CC-BY License . © 2024 Lantz PM. JAMA Network Open .

Corresponding Author: Paula M. Lantz, PhD, MS, University of Michigan Ford School of Public Policy, 735 S State St, Ann Arbor, MI 48109-3091 ( [email protected] ).

Conflict of Interest Disclosures: None reported.

See More About

Lantz PM. Conducting Research in the New Abortion Care Policy Landscape. JAMA Netw Open. 2024;7(8):e2430000. doi:10.1001/jamanetworkopen.2024.30000

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IMAGES

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  27. Conducting Research in the New Abortion Care Policy Landscape

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