The Legal Implications of Information Security: Regulatory Compliance and Liability

Blaze D. Waleski, Fulbright & Jaworski LLP

Introduction

Rethinking the Security of Data in Light of Modern IT

What Is at Risk?

Corporate Data and Personal Information

Risks Incumbent with the Internet and Subcontracting

Statutory and Regulatory Compliance

The Impact of the Law: Determining Regulatory Obligations and Assessing the Potential for Liability

Damages

Legislative Developments

Contractual Liability

Requirements of a Binding Contract

Remedies

Web Sites

Tort Liability

Elements of a Tort

What Is Reasonable?

Establishing a Standard

Damages

Conclusion

Glossary

Cross References

References

INTRODUCTION

Modern business is all but dependent upon information technology (IT), and reliance on the exchange of electronic information is rapidly becoming entrenched in our day-to-day personal lives (e.g., through the Internet, wireless devices, and other interactive means of data transfer). To an ever greater degree, business relies on technologies that connect with its customers, and with other businesses, for example, to streamline supply routes, control inventory, and minimize time to market, exchange services and products in business-to-business trade platforms, enhance distribution channels, boost sales through e-commerce, improve fulfillment operations, and enrich customer databases with valuable information concerning customer spending patterns and the like. There are, in fact, companies, such as ...

Get Handbook of Information Security: Information Warfare, Social, Legal, and International Issues and Security Foundations, Volume 2 now with O’Reilly online learning.

O’Reilly members experience live online training, plus books, videos, and digital content from 200+ publishers.