Re:A Researcher’s Guide to Some Legal Risks of Security Rese...
by KSerra on Friday October 30, 2020 @02:57PM
(#24945627)
That's a great question where there's not an easy answer, to be honest. Choice of law (the question of which state's law apply) is a complex field with each state having its own rules as to how it decides. It's also a separate question from where you can sue for a particular thing. So it's difficult analyze either question in the abstract.
Re:A Researcher’s Guide to Some Legal Risks of Security Rese...
by PeterisP on Friday October 30, 2020 @03:59PM
(#24946289)
I would assume that the jurisdiction would be determined for some intentional harmful act (as opposed to a computer network event - the crime, if any, is that a person did something not that a technical thing happened), and the more relevant states would be the ones where the actor was located and the legal residence of the organization who suffered damages; the location of any involved hardware may have an impact (especially in the discovery process) but they're secondary to that.
I'm curious which state's laws apply? That is, how is jurisdiction determined for a computer network event that might start from a laptop in one state, be routed via the Internet through another state—possibly even out of country—and hit an organization's server in a third state?