When is cyberretaliation legal

Brown, Cameron S. Available In. Brown Australian National University, Australia. DOI: Current Special Offers. No Current Special Offers. If the cybersecurity vulnerabilities constituted or led to violations of securities laws, the whistleblower could be entitled to rewards under the SEC Whistleblower Program. If the issues identified by the cybersecurity whistleblower concerned violations of the Commodities Exchange Act and related regulations, the whistleblower could earn a reward through the CFTC Whistleblower Program.

The answer to this question depends on the whistleblower reward program at issue. Generally speaking, the statute of limitations for violations that would form the basis of a submission to the SEC or CFTC Whistleblower Programs is generally five years.

Claims under the False Claims Act must be brought within six years of the date the company committed the violation. There is no question that you can be fired. However, as set forth above, a number of statutes legally prohibit employers from terminating an employee for reporting cybersecurity concerns, meaning that if they do so, they could be subject to legal liability. Similarly, courts interpreting the False Claims Act have repeatedly held that employment agreements purporting to constrain an employee from using confidential information to evidence a violation of a False Claims Act are not enforceable.

If your employer is failing to address your reasonable concerns of cybersecurity vulnerabilities, you should consider contacting an attorney to evaluate whether those concerns could form the basis for a submission to a whistleblower reward program. Browse Titles. Add to Cart. Instant access upon order completion.

Free Content. More Information. Brown, C. CSIS does not take specific policy positions. Accordingly, all views, positions, and conclusions expressed in this publication should be understood to be solely those of the author s. All rights reserved. Skip to main content. Written By. Media Queries. Contact H. Hillicon Valley — TSA cyber mandates draw pushback. November 4, In the News. Blacklisting of NSO Group shakes up spyware debate.

The Hill Maggie Miller. November 3, On Demand Event. October 29, October 28, October 27, Automakers are spending billions to produce battery cells for EVs in the U.