Cybersecurity Law Fundamentals:

A Survey of AN Evolving Field and A Handbook for Practitioners

by James X. Dempsey and John p. carlin

Published by the International Association of Privacy Professionals

Now Available:

The Second Edition of

Cybersecurity Law Fundamentals

A survey of an evolving field And a handbook for practitioners

First published in 2021, Cybersecurity Law Fundamentals has been completely revised and updated.

U.S. cybersecurity law is rapidly changing. Since 2021, there have been major Supreme Court decisions interpreting the federal computer crime law and deeply affecting the principles of standing in data breach cases. The Securities and Exchange Commission has adopted new rules for publicly traded companies on cyber incident disclosure. The Federal Trade Commission revised its cybersecurity rules under the Gramm-Leach-Bliley Act and set out new expectations for all businesses collecting personal information. Sector-by-sector, federal regulators have issued binding cybersecurity rules for critical infrastructure, while a majority of states have adopted their own laws requiring reasonable cybersecurity controls. Executive orders have set in motion new requirements for federal contractors.

All these changes and many more are addressed in the second edition of Cybersecurity Law Fundamentals, published April, 2024. The second edition is co-authored by John P. Carlin, partner at Paul Weiss and former long-time senior official of the U.S. Justice Department, where he was one of the architects of current U.S. cybersecurity policy.

Purchase Cybersecurity Law Fundamentals, Second Edition (2024): print or digital.


Who should have Cybersecurity Law Fundamentals?

Cybersecurity Law Fundamentals is both a primer and a reference volume, with pointers to more in-depth resources. It organizes the disparate threads of cybersecurity law into a framework. It can be picked up and perused by generalists and newcomers to the field: the general counsel of a corporation whose area of expertise may be far from cybersecurity but who must have a basic understanding of regulatory requirements and of the legal risk the company will face when it suffers a breach; the policymaker interested in understanding the gaps in the law and filling them; the attorney seeking a career transition to a rapidly growing practice area; the journalist trying to contextualize a new executive order or legislative proposal. But it also serves the cybersecurity practitioner looking for a quick refresher or a citation.


Updates And supplemental material

The purpose of this website is three-fold: (1) Since the law in this field is changing so rapidly, this website hosts regular updates to the second edition of Cybersecurity Law Fundamentals. (2) These pages host supplemental material omitted from the second edition mainly to keep the printed volume to a reasonable length. Here, for example, you will find long lists of cases further representing points in the book. The format of each chapter is to place updates, if any, first, then followed by any supplemental material. (3) This website preserves updates to the first edition, mainly as archival material, but also to support users as they transition to the second edition. Everything in the first edition updates is now reflected in the second edition

Caution: The supplemental material and updates here will likely have little meaning, and could be confusing or even misleading, without the full volume.


Praise for Cybersecurity Law Fundamentals

Cybersecurity Law Fundamentals is a must-have handbook. From FTC Act enforcement, to breach notification laws, to the Computer Fraud and Abuse Act and responding to ransomware attacks and more. Dempsey and Carlin have organized the US’s fragmented approach to cybersecurity law into an accessible volume for students and practitioners alike. Travis LeBlanc, partner and co-chair of Cooley's cyber/data/privacy practice and member, Privacy and Civil Liberties Oversight Board.

Cybersecurity Law Fundamentals is an absolutely essential volume.  Dempsey and Carlin have created a field guide to an area of law that is being created in real time before our eyes. Paul Schwartz, Jefferson E. Peyser Professor of Law, Berkeley Law School and co-author of Privacy Law Fundamentals.

Send corrections, suggestions, and updates to the book and to this website to jxdempsey@gmail.com

Photo: “The Allegory of Good Government," by Ambrogio Lorenzetti, 1338, Museo Civico, Siena, (c) Erik Törner, CC BY-NC-SA 2.0.

Last updated: April 8, 2024.