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Can Law Firms Sue NSA for Data Breaches?

Carlton Fields’ Data Privacy and Cybersecurity Task Force Co-Chair, Joseph Swanson, was quoted in the National Law Journal article, “Can Law Firms Sue NSA for Data Breaches? Lawyers Say Good Luck.” The article discusses hackers’ use of NSA tools to execute a global cyberattack and the difficulty of suing the NSA for the data breach. Swanson told the publication, “One could file that lawsuit, but whether it would go anywhere is another question.” Swanson offered that a better option may be to file suit under the Federal Tort Claims Act, which allows lawsuits against government employees if they cause property damage, injury or death due to negligence or a wrongful act. But he added that it would still be difficult to prove that the NSA’s negligence cause any injury or harm.

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