Cybersecurity, a broad and arguably somewhat fuzzy concept for which there is no consensus definition, might best be described as measures intended to protect information systems—including technology (e.g., devices, networks, and software), information, and associated personnel—from various forms of attack. The protection of information sent through cyberspace has implications for personal privacy, business, and national security. In addition, law enforcement and national security agencies need to be able to effectively utilize cyber capabilities in order to gather evidence, identify and surveil potential threats, and take appropriate enforcement action. Ever since the earliest days of the telegraph and telephone communication, the U.S. Congress and state legislatures have sought to balance the competing interests of security and privacy.

The issue of legislating cybersecurity has proven to be a ...

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