Cybersecurity: Toward a Meaningful Policy Framework

11 Pages Posted: 25 Jun 2013

See all articles by Peter M. Shane

Peter M. Shane

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: 2012


This critique of Karson K. Thompson’s note, "Not Like an Egyptian: Cybersecurity and the Internet Kill Switch Debate," argues that the U.S. lacks a framework of laws and regulations, "smart" or otherwise, that adequately incentivizes the parties with the greatest capacity to improve our cyber security to do so. It attributes the poor state of U.S. cyber policy to the "bewildering array of overlapping responsibilities" scattered among government offices and departments; the difficult imperative of sharing responsibility among military and civilian authorities; the fact that most of the networks (and the dependent critical infrastructures) that need protecting are in private hands; and the lack of public understanding of the kinds of regulation that are necessary or appropriate. The essay argues that meaningful progress towards an adequate legal framework depends on a broad national debate aimed at defining the public good with regard to cybersecurity, and the inevitable trade-offs among security, privacy, productivity, economic growth, organizational flexibility, military effectiveness, government transparency, and accountability that must be confronted in making sensible cybersecurity policy.

Keywords: cybersecurity, national security

JEL Classification: K19, K2

Suggested Citation

Shane, Peter M., Cybersecurity: Toward a Meaningful Policy Framework (2012). Texas Law Review, Vol. 90, pp. 87-96, Ohio State Public Law Working Paper No. 214, Available at SSRN:

Peter M. Shane (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics