Current Cybersecurity Issues and Laws Effecting Private Sector Industries Discussed at the Fifth Annual Gibbons E-Discovery Conference

On the heels of National Cybersecurity Awareness Month in October, the second panel discussion at the Fifth Annual Gibbons E-Discovery Conference dealt with pressing issues involving cybersecurity and their effect on private industries.

Moderated by Gibbons Director and senior E-Discovery Task Force member Jeffrey L. Nagel, Esq., the panel opened with a presentation by Erez Lieberman, Esq., Deputy Chief of the Economic Crimes Unit and Chief of the Computer Hacking and Intellectual Property Section, Office of the United States Attorney, District of New Jersey. Mr. Lieberman discussed several cases of high profile cybersecurity breaches in recent years and the government’s role in those cases. Mr. Lieberman identified the various types of cybercrimes affecting businesses and provided the audience with a unique understanding of the interaction and coordination between his office, the Secret Service, the Federal Bureau of Investigations, and private companies. Mr. Lieberman also addressed the effect of data breaches on the public sector and the impact of public perception on the business.

Gibbons Director Luis J. Diaz, Esq. then educated the audience on the complex patchwork of federal laws and regulations governing cybercrime, from the Computer Fraud and Abuse Act to the United States Patriot Act, and provided insight into the numerous and varied state laws. Mr. Diaz discussed the potential threats to a private organization such as corporate espionage, the rising threat of malicious insiders, data hackers, and the use of spam to infiltrate company data. Mr. Diaz then discussed some of the laws intended to help prevent these illegal activities. Mr. Diaz stressed the obligations companies have regarding privacy and information security and offered a legislative overview of the relevant federal, state, and international regulations.

Concluding the discussion was Korin A. Neff, Esq., Group Vice President of Global Privacy at Windham Worldwide Corporation, who offered a first-hand perspective of the effect of cybercrime on corporations, particularly in the hospitality industry which continues to be a major target of data hackers. Ms. Neff provided a discussion of some pending legislation aimed at targeting cybercrime. She then outlined the steps corporations should take when conducting an investigation into a cyber attack, highlighted the reporting procedures a company should take when data is breached, and emphasized the need for written security policies. Ms. Neff completed her presentation with advice on the ways in which a company can protect itself from data breaches and from public fallout in the event confidential information is compromised.

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