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23 U.C. Davis Bus. L.J. 135 (2023)
Legal Recourse for Victims of Blockchain and Cyber Breach Attacks

handle is hein.journals/ucdbulj23 and id is 132 raw text is: LEGAL RECOURSE FOR VICTIMS OF BLOCKCHAIN AND CYBER BREACH ATTACKS MICHAEL CONKLIN* BRIAN ELZWEIG** LAWRENCE J. TRAUTMAN*** ABSTRACT Reports of disruptive cyber breaches remain a daily occurrence. The costs to individuals, businesses, government, healthcare providers, and educational institutions are staggering. Policy makers and corporate management continue to struggle to find solutions to these problems. Complicating the cybersecurity technical and regulatory challenges is the rapid pace of technological change, which brings novel threats with the relatively recent explosion of blockchain- enabled and artificial intelligence applications. Existing legislation and related case law was not written with such technologies, actions, or behavior in mind, which has led to considerable uncertainty. Differences in regulatory jurisdiction, based on the actual ways in which these new technologies are utilized, often create novel uncertainties and difficult compliance issues. Now, the threat landscape has become even more complicated due to emerging developments in quantum computing, an emerging field that promises to solve problems too complex for existing supercomputers. ' How has legal recourse for victims of cybercrimes developed, and what are the likely future developments in recovery for such injuries? This Article proceeds in eight parts. First, the authors describe the history and mechanics of blockchain technology. Second is an explanation of societal and corporate responsibility for data security. Third is a description of the current status of the escalating cyber threat. Fourth, the authors discuss regulation of blockchain technology. Fifth is coverage of quantum computing. Sixth is a discussion of national security considerations. Seventh, the authors explain potential legal liability for injury resulting from cyberattacks and blockchain *Powell Endowed Professor of Business Law at Angelo State University. **Associate Professor of Business Law and Research Fellow of the Askew Institute of Multidisciplinary Studies at the University of West Florida. ***Associate Professor of Business Law and Ethics at Prairie View A&M, Associate Professor at Texas A&M University School of Law (by courtesy), External Affiliate, Indiana University Bloomington, Ostrom Workshops in Data Management & Information Governance, and Cybersecurity & Internet Governance. 1 Benjamin Katz & Eric Niler, Nobel Awardedfor Quantum Computing, WALL ST. J., Oct. 5, 2022, at A3.

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