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AbstractIn the last half decade, cyber insurance has emerged as a multi‐billion‐dollar industry with the authority to set and enforce standards of security behavior. Although cybersecurity has become a concern of national policymakers, insurers appear to have supplanted the state to play an influential role in governing some aspects of client behavior. This paper explores private governance by cyber insurance firms and evaluates two competing explanations for its emergence – either that the private sector advanced to set and enforce cybersecurity standards for financial gain, or that the state retreated from its responsibility to regulate and private sector actors filled the gap only as necessary. To find an answer between these explanations, this article develops a single outcome case study of the American cyber insurance industry. Following a theoretical introduction to private governance and its manifestation through insurance, the article examines the insurance process and its application in cybersecurity, the key role of standards, and the mechanism of enforcing those standards. The article concludes by identifying key elements of this market‐based enforcement and discussing implications for crafting effective private governance in other domains and public policy.

Growing dependence on cyberspace for commerce, communication, governance, and military operations has left society vulnerable to a multitude of security threats. Mitigating the inherent risks associated with the use of cyberspace poses a series of thorny public policy problems. In this volume, academics, practitioners from both private sector and government, along with former service members come together to highlight sixteen of the most pressing contemporary challenges in cybersecurity, and to offer recommendations for the future. As internet connectivity continues to spread, this book will offer readers greater awareness of the threats of tomorrow--and serve to inform public debate into the next information age.--

ABSTRACTAlthough information made public after a data breach can provide insight into difficult research questions, use of these data raises ethical questions not directly addressed by current ethical guidelines. This article develops a framework for identifying and managing risks to human subjects when conducting research involving leaked data. We contend that researchers who seek to use leaked data should identify and address ethical challenges by considering the process through which the data were originally released into the public domain.