Regulating Software When Everything Has Software
by Sabrina
I. Pacifici on Dec 25, 2016
Ohm, Paul and
Reid, Blake Ellis, Regulating Software When Everything Has Software (November
16, 2016). George Washington Law Review,
Vol. 84, No. 6, 2016. Available for
download at SSRN: https://ssrn.com/abstract=2873751
“This
Article identifies a profound, ongoing shift in the modern administrative
state: from the regulation of things to the regulation of code. This shift has and will continue to place
previously isolated agencies in an increasing state of overlap, raising the
likelihood of inconsistent regulations and putting seemingly disparate policy
goals, like privacy, safety, environmental protection, and copyright
enforcement, in tension. This Article
explores this problem through a series of case studies and articulates a
taxonomy of code regulations to help place hardware-turned-code rules in
context. The Article considers the
likely turf wars, regulatory thickets, and related dynamics that are likely to
arise, and closes by considering the benefits of creating a new agency with
some degree of centralized authority over software regulation issues.”
For my Computer Security students.
Free security tools to support cyber security efforts
There are more free information security tools out there
than you can highlight with a fist full of whiteboard pointers.
… A few important
categories include threat intelligence tools, tools to build security in during
the development stage, penetration testers, and forensics tools.
Threat intelligence tools
Development tools
Penetration / PEN testers
Forensic tools
Perhaps I have a future as a Director?
Corporate boards aren't prepared for cyberattacks
Despite the scale and potential harm from such attacks,
there's wide recognition that corporate leaders, especially boards of
directors, aren't taking the necessary actions to defend their companies
against such attacks. It's not just a
problem of finding the right cyber-defense tools and services, but also one of
management awareness and security acumen at the highest level, namely corporate
boards.
… "Some
organizations do a better job than others, but those efforts are almost always
led by CIOs, CISOs or business line managers and not by corporate
boards, CEOs and executive management throughout government and the private
sector," Litan added.
… The National Association of
Corporate Directors (NACD) recently released a survey of more than 600
corporate board directors and professionals that found only 19% believe their
boards have a high level of understanding of cybersecurity risks. That's an improvement from 11% in a similar
poll conducted a year earlier.
The survey also found that 59% of respondents find it
challenging to oversee cyber risk.
Another of those (somewhat) useful or interesting things
that come at year-end.
17 incredibly useful Google products and services you didn't know
existed
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