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Cybersecurity Law

Cybersecurity law is a relatively new and evolving part of the complex finance and technology (aka "fintech") industry. Cybersecurity involves understanding where a data breach may occur, how to protect clients’ confidential information, and what to do to mitigate or respond in the event of a breach. Cybersecurity lawyers therefore need to know about the numerous complex data and privacy laws both in the U.S. and globally. These include federal and state privacy and confidentiality laws, as well as international regulations and requirements.

Cybersecurity lawyers also need to understand how all the various laws may relate to and affect data security, as well as how the underlying technology works in the areas in which they are interested in practicing. As with all areas tech-related, cybersecurity law provides unique opportunities for tech-savvy (or tech-interested) students.

In the private sector, lawyers who specialize in cybersecurity tend to work in a mid-sized or large law firm. They advise clients on complying with the many interconnected statutes and regulations that may apply, assist them with helping to mitigate damages because of a breach, or defend against an investigation into corporate security practices. In-house counsel and corporations have an increasing demand for legal assistance in most (if not all) economic sectors due to the increasing risk of a data breach, ransomware, and the sensitive nature of client data. Consulting firms are further providing some employment prospects in this area. Some opportunities may also be present in the public sector, particularly with federal and state government agencies.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

103: Criminal Law 3 credits PRIMARY

General principles of criminal law, specific crimes, and defenses.

200: Legislation and Administrative Law 3 credits PRIMARY

This course surveys the legislative process, fundamentals of statutory interpretation, and the work of administrative agencies, with special emphasis on administrative rule-making process.

460: Privacy Law 0 to 3 credits PRIMARY

This course will examine the current legal, political, social and technological aspects of US privacy law. Topics will include: traditional privacy theory and torts; contracts; commercial and financial privacy; medical privacy; cyberlaw privacy (i.e., metadata, cookies, cybersecurity, revenge pornography); governmental privacy (i.e., surveillance , freedon of information, leakers like Edward Snowden); workplace privacy (i.e., algorithmic decision-making, trade secrecy); and international developments (i.e., the European Data Protection Directive, "right to be forgotten").

481: Cybersecurity Law 2 credits PRIMARY

This course will provide students with foundational knowledge concerning the nature, functions, laws, and issues relating to the rapidly evolving landscape of cybersecurity. By the end of the course, students will be able to evaluate current trends in cybersecurity and cyber warfare; analyze American privacy and security laws applicable to private businesses and government; assess cybersecurity risks, and develop a risk mitigation strategy based on an assessment of current cyber risks.

575: Internet Law 3 credits PRIMARY

This course examines the legal issues associated with technology, with a particular focus on the Internet. Among other topics, the course covers primers on the technical underpinnings of the internet, the regulation of Internet access and domain names; contract formation, execution and enforceability; jurisdiction and choice of law; speech; intellectual property focus; artificial intelligence, blockchain technology, and the Internet of Things. A background in computer science and/or intellectual property law is not required. Note that the treatement of secruity/cybersecurity concerns is light in this run of the course; it is anticipated that students will take a course focused on cybersecurity law in addition to this course.

Secondary Courses

207: Evidence 3 to 4 credits SECONDARY

A study of the rules and standards by which the admission of proof at a trial is regulated. Special reference to the Federal Rules of Evidence.

405: Criminal Procedure: Investigation 3 or 4 credits SECONDARY

A study of the legal and institutional limits on law enforcement conduct in the investigation of crime, with particular focus on the constitutional limits established by the Fourth, Fifth, Sixth, and Fourteenth Amendments. Topics include searches and seizures, police interrogations, and the identificaiton of suspects. Students who have taken Criminal Procedure Survey in the past or those who are currently enrolled in Criminal Procedure Survey may not register for Criminal Procedure: Investigation.

406: Criminal Procedure: Adjudication 2 or 3 credits SECONDARY

A study of the selection, prosecution, and resolution of criminal charges. Topics will be chosen from the following: selection and grouping of charges, availability of defense counsel, pretrial release, discovery, speedy trial preparation, guilty pleas, jury trials, right to confrontation, jury deliberations and verdicts, sentencing, appeal, and collateral challenges to convictions. Students who have taken Criminal Procedure Survey in the past or those who are currently enrolled in Criminal Procedure Survey may not register for Criminal Procedure: Adjudication. Criminal Procedure: Investigation is not a pre-requisite for this course. *This course may be offered for 3 hours during some years.

566: National Security and Counterterrorism Law 2 or 3 credits SECONDARY

This course introduces the student to the rapidly evolving field of national security and counterterrorism/homeland security law, including law enforcement/intelligence operations to prevent acts of terrorism; measures to apprehend, detain and prosecute such perpetrators in civilian and military tribunals. If time permits, the course will also discuss the legal and policy approaches to terrorism/terrorist organizations in other countries such as the UK and Israel among others.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements. The course fulfills the practical skills requirement.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

Chris Meazell

Chris Meazell

Professor of Practice

Related Pathways

Law Firm

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In-House Counsel and Corporations

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Government

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