Recent Legal Developments That Favors Security Researcher But Challenges Remain;;

The world has seen several advancements in cyber security law across countries in recent times that indicates the importance of protecting rights of individuals who work to improve security in computer systems, networks, and software. Recently, governments and legal bodies have brought up laws and regulations that incentivize the work of all types—from white hat hackers to security researchers—by introducing reward programs, protection from legal penalties, and other benefits. All of these efforts come in realizing the challenges posed by today’s rapidly-evolving digital landscape. What Does the Legal System Offer Security Researchers? To ensure protection of security researchers’ activities, governments around the world have put in place laws that prohibit incentive-driven hacking and ethical hacking while achieving their research goals. For example, in the US, the Computer Fraud and Abuse Act (CFAA) provides protection from actionable legal repercussions, such as injunctions and procedural penalties, for researchers, who can otherwise be charged with hacking crimes. Similarly, the Swiss Criminal Code dictates that providing incentives for scientists and IT professionals to access and modify computer systems for research and research-related activities should not be construed as a crime. In addition, the nation also holds professional and ethical standards for security researchers, providing general guidance on research protocols and frameworks such as Good Clinical Practice (GCP), International Organization for Standardization (ISO) standards and operational best practices. What Challenges Could Researcher Face? Despite the recent advancements, there are still challenges that face both legal authorities and researchers due to development in security technologies and behaviors, that may aid in potential malicious activities. For example, the complexities of data privacy and how it plays into research activities is still a gray area in many countries. Plus, data federation, data trading and data sharing are always going to be subjects of debate. In short, security researchers are always going to face challenges in the realm of the law. Legal bodies need to provide resources to help researchers negotiate their research tasks in accordance with the law and must create a safe platform for them to comply with all regulatory expectations.

This Cyber News was published on www.csoonline.com. Publication date: Thu, 26 Jan 2023 10:04:03 +0000


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