In light of recent foreign cyber-assaults that have jeopardized personal privacy in the United States, it is time for individuals to explore opportunities for private suits against foreign governments. In the first attempt to do this, Doe v. Federal Democratic Republic of Ethiopia, the courts found that the Foreign Sovereign Immunities Act barred suit under the Wiretap Act’s private cause of action and the common law tort of intrusion upon seclusion. Kurland posits that either a new exception should be added to the FSIA to ameliorate this legal lacuna.
The Equifax hack, which impacted nearly half of the U.S. population, should be viewed as a triggering event for worthwhile government reform and increased public-private cooperation, creating a model that is both scalable and adaptable to multiple industries. Framed by the Equifax data breach, McKay Smith and Garrett Mulrain focus the reader on the national security implications of attacks on the American consumer economy, perpetrated by cybercriminals and hostile nation states. This article provides a detailed analysis of government oversight efforts and contains a novel and creative proposal for reform, intended to serve as a blueprint for widespread, whole-of-government action. In a pragmatic call for reform, Smith and Mulrain recommend seven concrete steps that government can take to demonstrate a renewed commitment to protecting its data, and the data of its private citizens, from malicious foreign adversaries.
The rich legal literature that has grown up to assess the constitutionality of bulk communications collection by the government has focused overwhelmingly—and understandably—on the challenge such programs pose to particular claims of individual right against the state, yet attempting to describe what seems troubling about bulk collection in terms of individual rights alone has significant doctrinal and conceptual limits.