Cybersecurity Obligations: A Comparative View Around The New York SHIELD Act And Its Foreign Equivalents

Every online interaction has the capability of transmitting and storing private information of individuals and organizations globally.  Data privacy and cybersecurity touch every aspect of our personal and business lives, resulting in cybersecurity emerging as a practical necessity for all networks.  In the U.S., governments have been enacting laws on a state-by-state basis, with some federal guidance for topic-specific data. The EU has been a leader, but many of its approaches are not applied or even understood, in the local context.   The speakers will discuss the complex legal issues surrounding legislating data privacy and cybersecurity: Should laws be technologically specific, or will such laws quickly become obsolete?  Should all actors be subject to the same level of security, and at what cost?  Is encryption the universal remedy to prevent or mitigate data leakage? Can the obligation of cybersecurity be satisfied with existing constructs of liabilities and remedies?