When is a law firm liable for a data breach? An exploration into the legal liability of ransomware and cybersecurity

Abstract

Purpose The threat of cybercrime is pervasive. Corporations cannot be convinced, out of sheer luck or naïve conviction, that they will remain unaffected. When targeted, the stark reality is that a company also incurs a liability risk. This paper aims to explore the boundaries of liability resulting from a data breach and privacy concerns according to the emerging regulations on cybersecurity. Design/methodology/approach The nature of cybercrime and its constant evolution is analysed as a threat of liability. Its distinctly modern developments require consideration. In response to the threat of hackers, the protection that a corporation can invoke is also considered as a mitigating factor in ascribing liability. Findings Preventative steps to protect a corporation from cyberthreats must remain a consistent priority in the running of a company. The influence of human behaviour has become a foreseeable element in cybersecurity and as such the management of unreliable user behaviour is a key determining factor in ascribing liability in hindsight. Originality/value Foresight is everything in the prevention of cyberattacks. Cyberattacks can no longer be dismissed as an unlikely eventuality. Legislation on data security and data privacy is demanding higher standards of preventative action, under the duty of care to stakeholders. There is a substantial literature deficit on data security and data liability regulations in light of the liability risk incurred by cyberattacks.

Decentralized Identity Verification System for Data Access to Prevent Data Exfiltration Ransomware

“…Identity verification systems play a crucial role in safeguarding data security, and recent academic inquiries have proposed diverse enhancements and innovations in this field [50], [44]. Research in biometric-based verification systems, for example, has delved into advanced biometric technologies such as facial recognition and fingerprint scanning, offering heightened security measures [45], [46], [56]. Simultaneously, another stream of research has been exploring the integration of artificial intelligence and machine learning algorithms into identity verification systems, aiming to augment both the precision and efficiency of these systems [19], [23].…”

“…Those studies, while innovative, consistently reveal a research gap in finding an equilibrium between robust security measures and the preservation of user privacy and convenience [54], [53]. Moreover, these studies highlight the necessity to address the continually evolving and increasingly sophisticated threats in identity fraud [56], [57]. The challenge lies in designing systems that are not only secure but also respect the privacy of users and do not overburden them with complex authentication procedures [58], [59].…”

“…Additionally, there is an increasing concentration on analyzing the aftermath of ransomware breaches, scrutinizing the enduring impacts these attacks have on organizations [4], [57]. This encompasses not only immediate operational disruptions but also long-term reputational and financial ramifications [56], [5]. Furthermore, the formulation of efficient incident response strategies tailored to ransomware scenarios, particularly those involving data exfiltration, is becoming a critical aspect of research [66], [59], [42], [67].…”

Entropy and Memory Forensics in Ransomware Analysis: Utilizing LLaMA-7B for Advanced Pattern Recognition

“…These concerns primarily revolve around issues of privacy, the security of data, and the possibility that AI could be leveraged for nefarious purposes [50], [51]. The necessity for conducting research that focuses heavily on ethical practices in AI is paramount [56]. This includes the assurance of data privacy, fortifying AI systems to prevent their misuse, and being transparent about the capabilities and limitations of tools assisted by AI in the cybersecurity sector [4], [35].…”

Evaluating Large Language Models in Ransomware Negotiation: A Comparative Analysis of ChatGPT and Claude

“…In its earlier forms, ransomware primarily operated by encrypting a victim's data, subsequently demanding a ransom for its decryption [3], [4], [5]. However, recent trends have witnessed an expansion in its modus operandi, now encompassing data exfiltration, which brings about an amplified threat of data breaches and privacy infractions [6], [7], [8], [9]. Ransomware, generally categorized into cryptographic and data exfiltration types, presents distinct challenges.…”