In the same way that hate crime laws were passed as a public relations move, creating computer-specific crime laws for crimes that already exist (like extortion) are a waste of time and resources: Laws won't stop cybercriminals, say experts.
Legislation that would require companies with data breaches to notify affected customers will create new expenses for companies, much the way the Sarbanes-Oxley Act did, said Bruce Kobayashi, a law professor at George Mason University. Congress passed Sarbanes-Oxley, or SOX, in 2002, and the law requires public companies to report their internal processes for ensuring the accuracy of financial reports.
"I think Congress has to … slow down," said Kobayashi, speaking at a data security conference sponsored by conservative think tank the Progress & Freedom Foundation (PFF). "Otherwise, we're going to get some SOX-type legislation in which firms spend a lot of money sending out notifications."
I couldn't have said it any better. I'm currently working on a Sarbanes-Oxley project. Not only is it a giant pain in the rump, the end-result is more CYA than actual effect. Maybe the intent of the law was to prevent another Enron, but it has created another money-pit cottage industry for compliance consultancies.
When will Congress learn to leave well-enough alone? Maybe when defense attorneys stop getting by with twisting existing laws to such a literal interpretation that special interest groups feel compelled to have a law for every conceivable scenario. Or maybe when Congress quits being so vain that they stop thinking every headline is about them.
Regardless of the laws passed, law enforcement is the key. The more laws that are passed, the more expensive enforcement is because of compliance. There is more gridlock in advancing a case than there is on the Kennedy Expressway in Chicago's rush hour. But Congress doesn't have to enforce or even fund enforcement. They just have to have daily press briefings with cute little soundbites until they are voted out and replaced with others just like them.
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