It Takes a Village to Stop Cyber Crime

By Adjunct Professor Robert Kang

Adjunct Professor Robert Kang recently published It Takes a Village to Stop Cyber Crime: How Cyber Information Sharing Organizations Help Business in Need in the Association for Corporate Counsel's May 2018 magazine.

An excerpt appears below:

To minimize the need for luck, governments and various industries have created organizations designed to share security-related information among their members in a structured, regular manner. Often called “public/ private partnerships” and “information sharing organizations,” many of them follow a similar model: They are organized as nonprofit entities, and their members send information, like suspicious IP addresses and other threat indicators, to them. The sharing organization anonymizes (if requested), aggregates, and processes the submissions and, in some cases, enriches it with nonpublic information provided by government agencies or other sources.

Read the article in its entirety.

The Apple/FBI Case: A Few More Thoughts Before the March 22 Hearing

By: Professor Simona Grossi
Professor Grossi is guest posting on The Huffington Post, where this originally appeared.

As I explained in my posting of March 14, the Government’s request for a decryption order addressed to Apple invoked the All Writs Act. That Act provides: “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C. §1651. This text was designed to vest federal courts with the full range of remedial judicial authority one would expect a court to possess. That authority is an authority to enforce the rule of law within appropriate filed cases, not an independent authority to create new law. Hence, in a properly presented case, a federal court may issue a writ of mandate to require a party to comply with the applicable legal standard. But if there is no law to enforce, if there is no applicable legal standard, the All Writs Act does not vest a federal court with the authority to create one.