The Curse of Service: Civil Liability for Computer Security Professionals

Monday, 3:30 - Room 330

Authors:

• Arthur J. Wylene, New College of California School of Law

This article provides an overview of the potential exposure to civil liability faced by any individual, company, or government agency for their use, or lack, of information systems security.  Included is an analysis of liability arising from claims of failure to adequately protect sensitive information in one's care, failure to prevent a system under one's control from being used to facilitate tortuous or criminal conduct, and liability arising from the provision of security products and services to others.  This article is intended only as an examination of liability resulting from unauthorized access to an information system.  Potential liability resulting from the use of a system by an authorized user, acting within their authorization, is beyond the scope of this article.  The article organized by potential source of liability, each of which is prefaced by an illustrative, hypothetical fact pattern.
  BIOGRAPHY:

Arthur J. Wylene is a law student at New College of California, School of Law, in San Francisco.  Prior to attending New College, Mr. Wylene was an insurance fraud investigator for the firm of Easterling & Steinmetz in Saint Louis.  He has a background in network administration and software design, and is a member of the American Society for Industrial Security, and the Society of Competitive Intelligence Professionals.
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