COVID-19 Resources for Lawyers
Featured Guest
David Bodenheimer

As a Government Contracts partner and litigator heading Crowell & Moring LLP’s Homeland Security practice, Mr. Bodenheimer brings 32...

Your Hosts
Sharon D. Nelson

Sharon D. Nelson, Esq. is president of the digital forensics, managed information technology and cybersecurity firm Sensei Enterprises. Ms....

John W. Simek

John W. Simek is vice president of the digital forensics, managed information technology and cybersecurity firm Sensei Enterprises. He...

Episode Notes

“A cyber attack on the World Trade Center would be 10 times more financially damaging than the 2001 attack.” Data breaches like the ones at Target, JP Morgan, and Home Depot have recently been all over the news and are usually organized by hackers working towards financial gain. But there is cyber war happening with military and political objectives with potentially far more damaging results. Cyber terrorists and militaries have already developed technologies that are able to hack into important data systems, destroy critical infrastructure, and take down crucial things like power grids and financial systems. If this does not scare you, you should know that there are almost no direct laws that deal with the ramifications of cyber attacks, the contractors who built the failing technology, or innocent bystanders.

On this episode of Digital Detectives, Sharon Nelson and John Simek interview cybersecurity expert David Bodenheimer about the effects of cyber attacks, whether they are likely to proliferate, the connection between the private sector and government defense, and the legal risks to contractors and bystanders. Bodenheimer first explains how economic cyber crimes are different than cyber war, and gives some examples like the US cyber security threat in 2009, the 2007 cyberattacks on Estonia, and Stuxnet, a computer worm that destroyed many control systems in Iranian nuclear plants. He explains that there is a global cyber race and, in a few years, no self-respecting military will be without cyber attack capabilities. Unfortunately, there are no international treaties or laws that directly govern cyber weapons and war. Bodenheimer also discusses US laws that federal agencies and contractors could face to account for damages. These could include the DHS SAFETY Act, Public Law 85-804, and various legislative proposals, but there is no clean fit.

David Bodenheimer is a Government Contracts partner and litigator heading Crowell & Moring’s Homeland Security practice. David has 32 years of experience in doing business with the government. He has represented Fortune 500 companies in cyber disputes with federal agencies, advised on security compliance and cloud standards, and handled a broad spectrum of cybersecurity and privacy issues in the public sector.

Special thanks to our sponsor, Digital WarRoom.

 

 

Brought to You by
Newsletter

Notify me when there’s a new episode!

Episode Details
Published: November 13, 2014
Podcast: Digital Detectives
Category: Information Security , Legal Technology
Podcast
Digital Detectives
Digital Detectives

Sharon D. Nelson and John W. Simek invite experts to discuss computer forensics as well as information security issues.

Listen & Subscribe
Recent Episodes
08/20/20
Penetration Tests and Cybersecurity Assessments: What Lawyers Need to Know

Cybersecurity expert Mike Maschke explains how penetration tests help lawyers protect themselves by identifying weak points in their security systems.

07/16/20
The Battle Against COVID-19: How eDiscovery Software is Playing a Role

Maura Grossman discusses how TAR is used by medical researchers to support their efforts to understand and treat COVID-19.

06/18/20
Work-At-Home and Remote Access – It’s Time for a Security Review

David Ries gives an overview of work-at-home and remote access best practices.

05/21/20
eDiscovery Before and After COVID-19: What to Expect

Doug Austin surveys the current state of the eDiscovery industry and discusses emerging trends.

04/23/20
Securing Microsoft Windows and Microsoft 365

Ben Schorr shares tips for improving security in Microsoft products.

03/23/20
Coronavirus and Working Remotely: What You Need to Know

John Simek and Sharon Nelson answer lawyers’ frequently asked questions about how to work remotely and securely.