Peter M. Shane
90 Texas L. Rev. See Also 87

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Professor Shane responds to the framework for cybersecurity protections developed in Mr. Thompson’s note.  For reasons of practicality and comprehensiveness, Professor Shane argues that this framework is insufficient, and he identifies current issues that suggest larger problems that confront the cybersecurity enterprise.  Professor Shane notes that the current cybersecurity climate is more serious than suggested by Mr. Thompson, with criminal enterprises becoming increasingly sophisticated and damaging to networks.  This climate is also characterized by an absence of effective policy caused by overlapping bureaucracies, conflict between the military and private sectors, private control of networks, and a lack of governmental understanding of the problem.

Professor Shane concludes by identifying his proposal for a national commission to consider public needs and technical expertise in formulating an approach to cybersecurity.