Keywords:  Public Policy,

2018

The Role of Private Ordering in Cybersecurity: Towards A Cybersecurity License

Amit Elazari, Lecturer/Director, School of Information, UC Berkeley|Intel

The law governing the information economy is often not prescribed by legislators or courts, but rather by private entities using technology and standard-form contracts. This research proposal seeks to account for the often unobserved role of private ordering in the future of cybersecurity, and suggests that, similar to the revolutionary role contracts played in the copyright industry, form-contracts could serve an important form of regulation, driving a positive change in the evolving cybersecurity landscape.