You Took the Words Right Out of My Database: Is There First Amendment Protection for Media Outlets Publishing Business Data Stolen by Hackers?

摘要

Cyber-attacks on businesses will probably increase in frequency as terrorist organizations become more technologically savvy. The FBI, for instance, warned that the self-styled Islamic State will likely mount cyber-attacks against U.S. businesses. Furthermore, the relative success of the Sony hacks is likely to embolden future hackers. This is an entirely new situation, in that businesses will be unable to punish the information thieves themselves. In light of these considerations, the First Amendment should not prevent Congress or the states from dis-incentivizing media publication of stolen data and private information. Despite the Bartnicki majority opinion, neither the First Amendment nor Supreme Court case law prevents Sony or others from seeking remedies against media outlets attempting to publish their stolen private information.