Cybersecurity Lawyers. Cybersecurity is the practice of protecting critical systems and sensitive information from digital attacks. Also known as information technology security, cybersecurity measures are designed to combat threats against networked systems and applications, whether those threats originate from inside or outside of an organization.
In 2020, the average cost of a data breach will be $3.86 million globally and $8.64 million in the United States. These costs include the expenses of discovering and responding to the breach, the cost of downtime and loss of revenue, and the long-term reputational damage to a business and its brand.
What is Cyberlaw?
Cyber law otherwise known as “internet law,” is the area of law that regulates how people use the internet. There are cyber laws that are criminal, and there are cyber laws that are civil. Any law or regulation that involves how people use computers, smartphones, the internet, and other related technology is cyber law.
Cyber law is also called digital law. As technology changes, the laws that govern electronic communication change, too. Cyberlaw encompasses all of the ways that people use modern technology to interact and communicate.
Cyber Law Encompasses Many Different Types of Law
The major areas of cyber law include:
Consumers rely on cyber laws to protect them from online fraud. Laws exist to prevent identity theft, credit card theft, and other financial crimes that happen online. A person who commits identity theft may face federal or state criminal charges. They might also face a civil action brought by a victim. Cyber lawyers work to both prosecute and defend against allegations of fraud using the internet.
Many people use the internet to speak their minds. When people use the internet to say untrue things, it can cross the line into defamation. Defamation laws are civil laws that protect individuals from untrue public statements that can hurt a business or someone’s reputation. Defamation law is cyberlaw when people use the internet to make statements that violate civil laws.
. Trade Secrets
Companies that do business online often rely on cyberlaw to protect their trade secrets. For example, Google and other online search engines spend a great deal of time developing the algorithms that produce search results. They also spend a great deal of time developing other features like maps, intelligent assistance, and flight search services, to name a few. Cyber lawyers help their clients take legal action as necessary to protect their trade secrets.
. Harassment and Stalking
Sometimes online statements can violate criminal laws that prohibit harassment and stalking. When a person makes repeated or threatening statements about someone else online, they may violate both civil and criminal laws. Cyber lawyers both prosecute and defend people when stalking occurs using the internet and other forms of electronic communication.
The internet has made copyright violations easier. In the early days of online communication, copyright violations were as easy as clicking a button on a file-sharing website. Both individuals and companies need attorneys to enforce copyright protections. Copyright infringement is an area of cyber law that defends the rights of individuals and companies to profit from their creative works.
. Freedom of Speech
An important area of cyber law is freedom of speech. Even though cyber laws prohibit certain behaviors online, freedom of speech laws also allow people to speak their minds. Cyber lawyers must advise their clients on the limits of free speech, including laws that prohibit obscenity. In addition, cyber lawyers may defend their clients when there’s a debate about whether their actions constitute permissible free speech.
. Contracts and Employment Law
Every time you click a button that says you agree to the terms and conditions of using a website, you’ve violated cyber law. Contracts protect individuals and corporations as they use technology and do business online. For example, non-compete clauses in employment contracts used to impact only a small, local geographic area. As more businesses move online, the way lawyers draft these agreements and the way courts enforce them may change.
Lawyers must work to represent the best interests of their clients in areas of law that may still be unsettled.
. Data Retention
Handling data is a primary concern in the Internet age. An area where this has become a big issue is in terms of litigation. In lawsuits, it is now common to request both electronic and physical records. However, there are no current laws that require keeping electronic records forever. This is not true for physical records.
Jurisdiction is a key part of court cases. Cybercrime has complicated this issue. If a cybercriminal is located in Minnesota and their victim is located in North Carolina, which state has jurisdiction? Different states have different rules about this issue. Also, it can depend on in what court, federal or state, a case was filed.
Online businesses are required to protect their customer’s privacy. The specific law can depend on your industry. These laws become more important as more and more information is transmitted over the internet.
. Domain Disputes
This is related to trademarks. Specifically, domain disputes are about who owns a web address. For instance, the person who runs a website may not be the person who owns it. Additionally, because domains are cheap, some people buy multiple domains, hoping for a big payday.
Types of a Cyber Lawyer
There are several cyber-lawyer career options or job opportunities. We have listed below a list of types of cyber lawyers.
- Cyber lawyer: A cyber lawyer is a professional who handles criminal acts done in the world of the internet within cyberspace. He or she resolves cases related to cybercrimes related to businesses, private organizations, and law enforcement agencies.
- Cyber Assistant: A cyber assistant resolves potential security problems and protects information. It includes defining control structures, access privileges, and the implementation of security privileges.
- In-house counsel: an in-house counsel works in corporate houses. MNCs, and other organizations. he or she helps in resolving every single cyber issue and advocates for board members. He or she educates members on cybersecurity vulnerabilities.
- Cyber law expert: A cyber law expert is responsible for keeping computer information systems safe and secured within the company. He or she determines who should be given access to company information. A cyber law expert plans, coordinates, and implements information security programs.
- Cyber consultant: A cyber consultant is a legal advisor who provides advice and recommendations on matters concerning cyber law. He or she possesses proficiency in computer networking protocols, methodologies, and concepts.
Cyber Security Strategies
Besides understanding cyber law, organizations must build cybersecurity strategies. Cybersecurity strategies must cover the following areas:
E-governance is the ability to provide services over the Internet. Unfortunately, e-governance is overlooked in many countries. Developing this technology is an important part of cyber law.
Protecting infrastructure is one of the most important parts of cybersecurity. This includes the electrical grid and data transmission lines. Outdated infrastructure is vulnerable to cybercrime.
A strong ecosystem helps prevent cybercrime. Your ecosystem includes three areas: automation, authentication, and interoperability. A strong system can prevent cyberattacks like malware, attrition, insider attacks, equipment theft, and hacking.
- Strengthening Regulation
This speaks directly to cyber law. Governments can work to improve this legal area. They can also find agencies to handle cyberlaw and cybercrime. Other parts of this strategy include promoting cybersecurity, providing education and training, working with private and public organizations, and implementing new security technology.
- Open Standards
Open standards lead to improved security against cybercrime. They allow businesses and individuals to easily use proper security. Open standards can also improve economic growth and new technology development.
An assurance framework is a strategy for complying with security standards. This allows updates to infrastructure. It also allows governments and businesses to work together in what’s known as “enabling and endorsing’.
- IT Mechanisms
There are many useful IT mechanisms and measures. Promoting these mechanisms is a great way to fight cybercrime. These measures include end-to-end, association-oriented, link-oriented, and data encryption.
What Are the Skills and Qualities Required to Become a Cyber Lawyer?
Here are some of the skills necessary for a cybersecurity lawyer:
. Critical Thinking
A cyber lawyer’s responsibilities require him or her to think beyond the law to deal with the ever-evolving technologies. He or she has to keep himself or herself updated with the development of the latest technology and any challenges that may come up.
. Contract Drafting
A cyber lawyer must understand the computer protocols for digital facilitation, negotiation, verification, and performance of the contract. He or she also possesses knowledge of various contracts, such as software licenses, assignment agreements, content licensing agreements, e-commerce vendor agreements, and terms and conditions for various platforms.
. Technology Skills
A cyber lawyer’s job involves knowledge of the technology to anticipate potential risks and security to protect the information. The latest technologies introduced in cyberspace are blockchain, cryptocurrency, cybersecurity, and numerous others.
. Knowledge of Law
A cyber lawyer must possess the knowledge of applicable laws to apply them in matters concerning them. Individuals in cyber law careers must be proficient in handling evidence and data collection from computers and mobile phones, keeping the jurisdiction in mind.
What is the role of a Cyber Lawyer?
The roles of a cybersecurity lawyer are as follows:
. Contract Drafting
A cyber lawyer’s job involves drafting contracts for clients on behalf of the company. There are smart contracts that allow the performance of credible, irreversible, and trackable transactions.
. Preparing Arguments
A cyber lawyer’s job involves preparing the arguments to advocate the case in a court of law. He or she has to determine which law applies to the current scenarios.
A cyber lawyer’s job includes researching various sources available digitally and in books. He or she has to read and stay updated on the latest technological developments.
A cyber lawyer prepares documentation for clients. He or she has to specify the details of cyber laws applicable to various situations. He or she has to elaborate on technical terms used in the documentation for clients.
Frequently Asked Questions
How to Protect Yourself on the Internet
- Always question the app’s access permissions. When you download any app or visit any website, you will be asked for a particular number of permissions. If basic permissions are requested, it is fine. However, if permissions are requested to access sensitive information, such as your gallery and such, immediately deny such requests. More so, quit the website or delete the app immediately.
- Free Wi-Fi is always intriguing. But oftentimes, it is a honeytrap laid by hackers to lure you into using it. When you access the internet via free Wi-Fi, hackers can easily get into your device, spread viruses, steal information, and do other things of the same sort.
- Try to maintain as few social media accounts as possible. Every piece of information you put online is a potential way to hack your account. If you are serious about maintaining your presence on several social media platforms, always ensure that your passwords are strong.
- Regularly changing passwords is a great way to protect your data from hackers. You can use password manager apps to create strong passwords. Two-factor authentication would add a layer of security, for sure.
- Finally, always be suspicious of any “too good to be true” kind of messages or calls. If you get any such calls or messages, always report them to the respective officials immediately.
Can a Lawyer Help with Cyber Law?
Yes. The biggest benefit of having a lawyer is helping you comply with these laws. They can also help you plan strategies for protecting your digital IP. Hiring an attorney that understands cyber law is crucial when you’re running a business over the Internet.