@article{41990,
      author = {Modesti, Cristiana},
      url = {http://tind.wipo.int/record/41990},
      title = {Incentivizing Cybersecurity Compliance in the New Digital  Age : Prevalence of Security Breaches Should Prompt Action  by Congress and the Supreme Court},
      abstract = {This   Note   proposes   a   comprehensive   scheme,    whereby   the legislature and judiciary collaborate to  minimize security breaches. The scheme  is  intended  to  incentivize companies  to  sufficiently  protect consumer   data, while  also  considering  that  companies  are  often   the victims   of   data   breaches. It   will   first    argue   that, despite   the aforementioned Clapper  footnote,  the  Supreme  Court  should  more definitively    resolve   the   circuit   court   split   by   confining  Clapper’s “certainly impending” standard to the  national security context in which it  arose.  This  would   significantly  increase  the  chance  for  plaintiffs  to  sue  for  an  increased  risk  of  future  injury. Next,   it  will  argue  that Congress should adopt a federal  statute requiring the implementation of cybersecurity    policies   and   internal   control as   an   integral    part   of companies’ compliance programs. The extent of  the policies would vary according  to the company’s net   worth.  Finally,  it  will  argue  that  when plaintiffs   sue  for  an  increased  risk  of  future  harm  alleging  that  a company negligently failed to implement reasonable  security measures, the  judiciary   should   evaluate the  company’s compliance   with  the statute. If the court  determines that the company has made a reasonable good   faith  effort  to  comply,  the  court  should  mitigate   its  damages accordingly.},
      recid = {41990},
      pages = {34 pages},
}