international law quarterly
spring 2017 • volume XXXIII, no. 2
From the Editors . . .
I
t all started with a Saturday afternoon phone call from Sony Corporation. I was having lunch with my mother, and the Sony representative asked whether my mother was enjoying the $17,000 worth of Sony products delivered to her home in Homestead, Florida. My mother lives in North Miami—and she had not purchased any Sony products. By the time we realized what had happened, multiple purchases had been made with my mother’s credit cards and funds had been stolen from her bank accounts. Many of our readers have similar, if not more harrowing, stories.
EDITORS JAVIER PERAL, RAFAEL RIBEIRO AND LOLY SOSA
So, if I was already concerned with cybersecurity and data privacy prior to reading the submissions for this Spring 2017 International Law Quarterly: Focus on the International Aspects of Cybersecurity and Data Privacy, the predominant feeling I have now is closer to fear. Data rules our lives and our clients’ businesses and, notwithstanding our best efforts at self-delusion, the reality is that our and our clients’ sensitive, confidential business information is at risk. One need only read the headlines from our nation’s newspapers to know that data privacy and cybersecurity are top-of-mind issues for our clients. We are not providing adequate legal services to our clients if we cannot counsel them on these important issues. Luckily for our readers, this ILQ will bring you up to speed on some of the most salient topics in the fields of cybersecurity and data privacy.
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If data is stored in servers located outside of the United States, can the U.S. government obtain access to it as part of an investigation? Bret S. Cohen, Lillian S. Hardy, and Charlie Wood start us off with an in-depth discussion of recent case law regarding the U.S. government’s ability to access data located abroad in the context of cross-border investigations. Your client has been hacked and wants to strike back, not only to recapture the stolen information, but also to punish the hacker. Instruct them to take a breath. Alan Brill and Jason Smolanoff give us insight into the pitfalls of attempting to “hack back.” In a discussion that is sure to engage our readers who represent multinational clients, Lillian Chaves Moon and Gail Gottehrer summarize the impact of international data privacy and protection laws on an employer’s ability to monitor its employees’ communications while they are working outside of the United States. Continuing in the employment context, Joseph T. King provides guidance on how employers can protect themselves