Enhancing Cybersecurity in the Private Sector by Means of Civil Liability Lawsuits— The Connie Francis Effect

Enhancing Cybersecurity in the Private Sector by Means of Civil Liability Lawsuits— The Connie Francis Effect

Jeffrey F. Addicott *

Change is an inevitable component of the human experience, both for individuals and the businesses that they operate within society. Sometimes changes in business standards and practices are brought about simply through the normal course of technical “evolution,” but in other cases changes are brought about as the result of new laws. While the Constitution most certainly envisions that laws should emanate from the legislative branch of government, legal mandates rooted in the rich heritage of common law can come from the workings of the judicial branch. Indeed, in the modern world, jurisprudence has been a vital component in shaping—or attempting to shape—normative behavior within society by pronouncing new legal obligations, sometimes even in opposition to the majority will of the people.

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* Professor of Law and Director of the Center for Terrorism Law, St. Mary‘s University School of Law. B.A., University of Maryland; J.D., University of Alabama School of Law; LL.M., The Judge Advocate General‘s Legal Center and School; LL.M. (1992) and S.J.D. (1994), University of Virginia School of Law. This article was prepared under the auspices of the Center for Terrorism Law located at St. Mary‘s University School of Law, San Antonio, Texas. The author wishes to acknowledge with special thanks the superb efforts of Alec T. Dudley, a second-year law student at St. Mary‘s University School of Law, who supported this article with outstanding research and editing.

Enhancing Cybersecurity in the Private Sector by Means of Civil Liability Lawsuits— The Connie Francis Effect

Classified Information Cases on the Ground: Altering the Attorney-Client Relationship

Paul G. Gill *

For federal criminal defendants or their counsel first caught up in a case involving classified information, it is easy to find the text of the Classified Information Procedures Act (“CIPA” or “the Act”). The Department of Justice makes available a synopsis of the Act, obviously from the perspective of the prosecution, but generously flavored with case law advancing that perspective. Case law sustaining CIPA against constitutional attack, either facially or as applied, is easy enough to find. Plenty of related case law likewise holds that CIPA’s procedures allow courts to reasonably balance the executive’s right to protect classified information against a criminal accused’s constitutional rights to know and use evidence material to his defense.

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* Assistant Federal Public Defender, Richmond, Virginia. J.D., 1990, University of Richmond School of Law. His experience as a practitioner with classified information has included his representation of a Russian expatriate found on an Afghan battlefield in 2009 after a spectacularly unsuccessful Taliban authorized attack on Afghan Border Police and the American forces that responded, who was five years later charged with various violations of American law and tried as a civilian.

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