Overview
Steptoe partner Andrew Adams, counsel Leslie Weinstein, and associates Daniel Podair, and Maahi Saini, authored an article in Law360 titled "Immunity May Not Protect Gov't-Backed Cyber Operators." In this article, they discuss a new US government initiative that could authorize private companies to conduct offensive cyber operations against foreign cyber-enabled criminal organizations that also raises significant constitutional, regulatory, and liability questions for participating companies. The article discusses the risk that businesses participating in such programs may be treated as government actors for legal purposes, potentially exposing them to Fourth Amendment constraints, warrant requirements, litigation risk, and limits on sovereign immunity, making clear legal authority, oversight, and compliance safeguards essential to managing risk.
Read more at Law360.
