What Is Internet and Cyberspace Law?

Internet and cyberspace law covers legal issues related to internet use and digital technologies. This law field addresses the challenges and legal questions in today's digital age. Some legal areas cyberlaw covers are:

  • Online privacy
  • E-commerce
  • Intellectual property
  • Cybersecurity

This article reviews internet and cyberspace law. It covers the different types of cyber crimes and the legal protections available. You'll also learn what situations may need professional legal help and how to find an attorney.

Data Privacy Breaches and Hackers

Access to the internet comes with hackers and data breach risks, which can affect the privacy of your personal information. It's not uncommon to hear about data privacy breaches at big companies. Even major corporations with vigorous cybersecurity can get hacked, compromising customers' private data.

Companies are responsible for protecting your personal information. Organizations need a robust cybersecurity strategy to protect their digital assets and customer data. Some key elements of a comprehensive cybersecurity strategy can include:

  • Risk assessment and management, including regular assessments of vulnerabilities and threats
  • Security policies and procedures that outline acceptable use, data protections, and incident response
  • Access control ensures employees only have access to data and systems they need to do their jobs
  • Data protection and network security (like firewalls and intrusion detection systems)
  • Endpoint security (like anti-malware software and patch management)
  • Physical security that restricts access to areas that house sensitive information
  • A clear incident response plan and a dedicated incident response team

Many companies also use artificial intelligence (AI) and machine learning as part of their cybersecurity measures.

Sometimes, companies still fail to protect their customers' data. Facebook, Amazon, and Dell are just a few examples of corporate giants whose security has been compromised by hackers.

There are sometimes legal remedies for those whose information has been exposed in a data breach. For example, those whose personal information got compromised may be able to start or join a class-action lawsuit against the company. To succeed, they must show that the company mishandled their data.

You'll want to work with an attorney specializing in class-action lawsuits. These cases often end in settlements, and an experienced attorney can help maximize settlement amounts.

It's not always practical for a person to pursue legal action against the hacker. Hackers are often outside the U.S. and difficult to find. But you can still report the incident to authorities, who can pursue criminal charges. Depending on the scope and specifics of the hack, federal law enforcement agencies (like the FBI or Department of Homeland Security) may take over an investigation.

Other Types of Common Cyberattacks

Not all cyberattacks involve data breaches at companies. Other common cyberattacks happen on a personal level, including:

  • Phishing: A crime using a false identity to convince unsuspecting people to disclose personally identifying information
  • Malware: Software that attacks a computer so it can't operate properly and allows criminals access to your personal information
  • Identity theft: A crime that happens when someone uses another person's data, like their Social Security number or credit card number, to conduct business
  • Man-in-the-middle attacks: This happens when a digital attacker intercepts messages between two parties who believe they are communicating directly with each other. This allows the attacker to steal data.

Protecting Yourself From Cyber Threats

You can protect yourself from cyber threats in several ways. Use strong passwords and enable multi-factor authentication (MFA) when available. MFA adds an extra layer of security by requiring a second form of verification, like a text code sent or an authentication app.

Be cautious with emails and links. Always verify the sender's email address and check the domain name in hyperlinks before providing private data, like your credit card number.

If your information was breached in a data privacy leak, you can also consider freezing your credit reporting accounts. A credit freeze (or security freeze) restricts access to your credit report. This means potential creditors can't access your credit file, making it harder for cyber criminals to open new accounts in your name.

If you're still affected by a cyber crime, an attorney can help you assess the full extent of the damage caused. This includes financial losses, identity theft, and emotional distress. Your attorney can also pursue fair compensation for your losses.

Cyberbullying and the Law

The internet allows people to connect easily. But this communication accessibility can have negative repercussions.

People can use social media and email to bully others or gang up on someone anonymously. This is especially true for teenagers: the attacks can impact their mental health and social life. As a parent, watch for warning signs and talk to your teens if you suspect they are facing bullying. It's also crucial to check in with your child if you suspect they may be bullying someone.

Many states now have criminal laws involving cyberbullying. Those experiencing cyberbullying (or their parents) may be able to file charges against who is causing the problems. You could pursue several potential legal claims, depending on the circumstances and your state's laws. Some legal claims related to cyberbullying include:

  • Defamation
  • Emotional distress
  • Harassment
  • Cyberstalking

cyberlaw attorney can help in these situations. They can provide legal advice, file a claim, and pursue an appropriate legal remedy.

Internet and Cyberspace Law Issues

The internet gives us many ways to conduct business and gain information on various topics. Unfortunately, this access to information comes with risks. Those risks may need help from cyber lawyers, business lawyers, or internet law experts.

First is the unprecedented ability to gather and maintain large amounts of data. In the past, basic information on a person was difficult to find. Now computers can store large amounts of information. Data mining algorithms can use the data to create complete portraits of people.

Data protection has become a huge issue for service providers, companies, and people. Many lawmakers are looking at policies that allow for privacy while still allowing some use of the data.

Computers and the internet affect many other areas of law and cause legal issues. The ability to copy and send copyrighted works presents new problems for intellectual property lawyers. Those include copyright infringement and stolen trade secrets.

Cyberlaw: Related Practice Areas

  • Intellectual property: Intellectual property can get stolen over the internet because it's so easy to copy data.
  • Privacy law: The internet allows entities to take information that was once private or semi-private.
  • E-commerce and business law: The internet allows companies to reach customers and create business opportunities, but corporations must do so safely.
  • Consumer law: Some vendors use the internet to scam consumers and sell products that do not meet the U.S.'s safety standards.
  • Criminal law: Stealing another person's identifying information and using it without permission is a crime. Cyberbullying is also a crime in many states.

Check out these articles for related information and resources:

Find a Cyberlaw Attorney

Professional legal services are available if you have internet-related concerns. You may want to consult an attorney with expertise in information technology, small business, or criminal issues. An experienced attorney can look at your situation and recommend next steps.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Criminal cases, personal injury lawsuits, and child custody cases need an attorney's help
  • Business contracts, estate planning, paperwork review, and real estate legal issues may benefit from an attorney's help
  • Some small claims court, traffic tickets, name changes, neighbor disputes, and more minor legal issues can often be handled on your own

Not all bad situations require a lawyer. And some good circumstances can be even better with an attorney's help. An lawyer can offer tailored advice and help prevent common mistakes.

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