INVESTING IN A CENTRALIZED CYBERSECURITY INFRASTRUCTURE: WHY "HACKTIVISM" CAN AND SHOULD INFLUENCE CYBERSECURITY REFORM

This Note recommends that Congress draft cybersecurity reform legislation in line with President Obama's May 2011 Cybersecurity Legislative Proposal, rather than the House Republican Cybersecurity Task Force's October 2011 Proposal. The former proposal's emphasis on centralized regulation under the Department of Homeland Security (DHS) more accurately accounts for the nature of threats posed in cyberspace, including hacktivist groups like the online hacker collective Anonymous who have become the most prominent actors in cyberspace over the last few years. This Note advocates that Congress expressly account for Anonymous in drafting cybersecurity legislation because doing so will deliver an array of otherwise-desirable policy goals. In arriving at these conclusions, this Note explores in detail the history of hacking, hacktivism, and Anonymous. Additionally, it briefly surveys the panoply of current legal mechanisms governing cyberspace. Finally, this Note will advocate for the inclusion of several key elements in any cybersecurity reform legislation, whether or not Congress chooses a DHS-centric model.