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2013: CyberWarfare Confronts The General Counsel

America’s corporations are under attack. Private industry built the Internet as we currently know it, and these same institutions are now being bombarded by thieves, fraudsters, and anarchists seeking to infiltrate corporate computer systems and exfiltrate data. The bad guys are usually after customers’ personal information, including name, Social Security number, date of birth, credit card number, driver’s license number, or taxpayer identification number, to name a few.1 Other cyber attackers seek intellectual property in the form of trade secrets and sensitive commercial information that can be used for weapons systems or unfair corporate competition. The risk posed by these cyber combatants – who are usually anonymous and oftentimes committing their crimes from computer terminals located in countries that lack criminal extradition agreements with the United States – and the resulting dangers to electronic privacy and cybersecurity are just now exploding into the nation’s consciousness.

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