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19 Chap. L. Rev. 445 (2016)
Protecting Intellectual Property and Privacy in the Digital Age: The Use of National Cybersecurity Strategies to Mitigate Cyber Risk

handle is hein.journals/chlr19 and id is 469 raw text is: 










Protecting Intellectual Property and Privacy

      in the Digital Age: The Use of National

               Cybersecurity Strategies to

                    Mitigate Cyber Risk


                        Scott J. Shackelford*

                            INTRODUCTION

     Days   after   one  of  the   largest  data   breaches    in  U.S.
government history, in which the private information of more
than twenty-two million current and former federal government
employees was compromised,1 hackers claiming an affiliation
with    Anonymous       crashed    several   Canadian      government
websites.2 Also in mid-2015, myriad firms including Blue Cross
Blue Shield were targeted,3 as was German Chancellor Angela
Merkel;4 even sports teams seem to be entering the fray with the
FBI probing the St. Louis Cardinals baseball team about


     * Assistant Professor of Business Law and Ethics, Indiana University; Edward
Teller National Fellow, Stanford University Hoover Institution; Senior Fellow, Center for
Applied Cybersecurity Research. An earlier version of this research was published as
Gauging a Global Cybersecurity Market Failure: The Use of National Cybersecurity
Strategies to Mitigate the Economic Impact of Cyber Attacks, in ECONOMICS OF NATIONAL
CYBER SECURITY STRATEGIES (NATO Cooperative Cyber Defence Centre of Excellence,
Pascal Brangetto ed., 2015). The author recently published an article discussing critical
infrastructure protection, cybercrime, and cybersecurity governance practices across
thirty-four nations. See Scott J. Shackelford & Andraz Kastelic, Toward a State-Centric
Cyber Peace?: Analyzing the Role of National Cybersecurity Strategies in Enhancing
Global Cybersecurity, 18 N.Y.U. J. LEGIS. & PUB. POL'Y 895 (2015).
     1 See, e.g., Ryan Evans, Why the Latest Government Hack is Worse than the
Snowden Affair, WASH. POST (June 17, 2015), http://www.washingtonpost.com/opinions/
hitting- an- agency-where-it-hurts/2015/06/17/ffca6c6a- 1512 -11e5-9ddc-
e3353542100e.story.html [http://perma.cc/3NSF-3GA8] ([T]he United States' rivals and
enemies may have the leverage they need to induce or coerce government employees and
contractors into providing classified information.); Mike Levine & Jack Date, 22 Million
Affected by OPM Hack, Officials Say, ABC NEWS (July 9, 2015, 3:17 PM), http://abc
news.go.com/US/exclusive-25-million-affected-opm-hack-sources/story?id=32332731
[http://perma.cc/ZXJ6-M738].
     2 See Canada Government Websites Taken Down in Cyber Attack, GUARDIAN
(June 18, 2015), http://www.theguardian.com/technology/2015/jun/l8/canada-government-
websites-taken-down-in-cyber-attack [http://perma.cc/5QE3-6DD5].
     3 See Scott Dance, Cyberattack Affects 1.1 Million CareFirst Customers, BALT. SUN
(May 20, 2015, 10:03 PM), http://www.baltimoresun.comfhealthlbs-bz-carefirst-data-
breach-20150520 -story.html [http://perma.cc/DCV7-6AUQ].
     4 See Computer in Merkel's Office Hit by Cyber Attack: Report, YAHOO! NEWS
(June 14, 2015, 4:16 AM), http://news.yahoo.com/computer-merkels-office-hit-cyberattack-
report-034919582.html [http://perma.cc/Z4RJ-YRCJ].


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