Public-Private Cybersecurity

Eichensehr explores the line between public and private cybersecurity functions and provides a descriptive account of the public-private cybersecurity system. Her Article first highlights the relative roles of the U.S. government and private sector in four important contexts related to international cybersecurity threats: disrupting networks of infected computers used by transnational-criminal groups, remediating software vulnerabilities that can be used for crime, espionage and offensive operations, attributing cyber intrusions to state-sponsored attackers, and defending privately-owned systems and networks from sophisticated, nation-state-sponsored attackers. Next, Eichensehr uses the public-private cybersecurity system to challenge and complicate existing scholarship on privatization, before suggesting new context-dependent solutions to the public law failings she identifies that safeguard the values of public law.