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In the News Press Release

Rise Of Nation-State Hacks Doesn't Give Cos. A Free Pass

Publisher: Law360
June 12, 2019

Jed Davis was quoted in an article, "Rise Of Nation-State Hacks Doesn't Give Cos. A Free Pass," published by Law360. The article explores the potential impact of recent and recurrent public disclosures that nation-states have been behind certain hacking intrusions that resulted in compromise of large volumes of customer's protected personal information. Davis and other attorneys interviewed express skepticism that the sometime involvement of countries' espionage agencies would enable hacked companies more readily to contest breach suits. Davis explains that proving that a company's defenses were reasonable but no match for an expert government is complicated when governments sometimes depend on criminal contractors and they all use the same methods:

"The murky distinction between nation-state-backed hackers and criminal gangs with no national allegiance further complicates the calculus for a potential jury trying to decide what it means for companies to have reasonable defenses, said Davis, a former federal cybercrime prosecutor in the Eastern District of New York."

"The tools that cybercriminals use and that nation-states use are cross-fertilized," Davis told Law360. "Sometimes the bad guys or criminals work for a state, and sometimes the nation-states learn from the criminals. It can be hard to tell who made the techniques, and companies have to defend from all of them."

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