Perspective
Jan. 24, 2015
Open-sourcing and crowdsourcing cybersecurity
Cases in 2014 taught us that although standing and damages are still difficult to prove, defendants may need to be prepared to fight on additional grounds in cyberbreach cases. By Hsiao C. (Mark) Mao and Victor Chen
After Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), it appeared that defendants in cyberbreach cases could easily defeat most plaintiffs by arguing that plaintiffs have failed to show Article III standing. Cases following Clapper in 2014 taught us that although standing and damages are still difficult to prove, defendants may need to be prepared to fight on additional grounds.
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