03 Aug WHAT IS A CYBERSECURITY EXPERT WITNESS? TESTIMONY CONSULTANT EXPLAINS
Q: What is a cybersecurity expert witness? A: You’d be talking about a testifying consultant or law firm testifying consulting advisor on information security, data protection, and cyber risk management. As you start to consider what is a cybersecurity expert witness, it’s good to be aware that SMEs get brought in for legal cases that involve security breaches, data theft, fraud, and other issues related to cyber threats. Thought leaders’ job is to provide technical analysis, insights, and expert testimony to help courts, lawyers, and juries understand the intricacies of IT defense and its impact on the case at hand.
In the digital age, where cyberattacks and data breaches are common, online threat posture is a critical concern for individuals and businesses alike. As you contemplate what is a cybersecurity expert witness, be aware that pros help unravel issues related to online incidents, such as how a breach occurred, whether appropriate security measures were in place, and the extent of the damage. SMEs can be vital in both criminal and civil cases, offering crucial information to determine liability, assess damages, and advise on regulatory compliance.
Types of Cases a Cybersecurity Expert Witness Handles:
Data Breach and Privacy Violations: In cases where personal data or sensitive company information is compromised, it helps to consider what is a cybersecurity expert witness from the standpoint that an advisor helps determine whether proper security protocols were followed and what the cause of the breach was. KOLs may also assist in assessing the harm caused by the breach and potential liability under privacy regulations, such as GDPR or CCPA.
Intellectual Property Theft: When intellectual property (IP) is stolen through cyber means, such as hacking or unauthorized access to a network, a cybersecurity expert can examine digital evidence to identify how the theft occurred and who may be responsible.
Fraud and Cybercrime: As you weigh what is a cybersecurity expert witness, also note that pros assist in investigating digital fraud, including activities like hacking, phishing, and identity theft. Authorities can help trace cybercriminal activity, providing technical details that may support law enforcement in identifying perpetrators.
Regulatory Compliance: Many industries must comply with specific cybersecurity regulations. If a company is facing a lawsuit due to non-compliance (e.g., with HIPAA in healthcare or PCI-DSS in payment systems), a cybersecurity expert witness can assess whether the company met the required security standards.
Contractual Disputes Involving IT Services: In disputes between businesses and IT service providers, cybersecurity experts can evaluate whether the service provider met contractual obligations related to cybersecurity measures, data protection, and incident response.
The Job and Expertise of a Cybersecurity Expert Witness:
Cybersecurity expert witnesses typically have extensive experience in IT security, digital forensics, and risk management. Many have backgrounds in computer science, network security, or law enforcement, and they stay current with the latest cybersecurity threats and defenses. They use a range of forensic tools and methods to examine digital evidence, assess vulnerabilities, and identify breaches or weaknesses in a company’s cybersecurity infrastructure.
In court, pros can explain IT issues in terms that are understandable to non-experts, such as judges or jurors. Testimony is critical in helping the court understand the technical aspects of the case and in determining liability, negligence, or damages.
