Cyberdefense Is a Government Responsibility

[Commentary] In 1794 when the commerce of the United States was threatened by “the depradations” of the Barbary pirates, Congress created a Navy. And it sent the Marines to fight our country’s battles on “the Shores of Tripoli.” Today US commerce is threatened by digital Barbary pirates.

The most sophisticated companies with every incentive to protect their crown jewels -- intellectual property, confidential business information or customer records -- are being ransacked and held hostage by cyberterrorists, state-sponsored hackers and highly effective organized cybercriminals. No corporation today is immune or can realistically believe itself adequately protected. The government’s response, hobbled by a misguided view as to who is responsible for protecting US commercial interests and how, is not up to 1794 standards. Regulatory agencies including the Federal Trade Commission, the Securities and Exchange Commission and state attorneys general think that investigating the corporate victims of cyberattacks for putative violations of consumer and investor protection laws is the best way to shore up the economy’s cyberdefenses. There is little evidence this approach is effective.

[Raul is a partner in the law firm Sidley Austin]