On March 11, 2017, Preet Bharara, then the long-serving U.S. Attorney for the Southern District of New York, was abruptly fired by the incoming Trump Administration. Many observers rightly noted Bharara’s substantial accomplishments in the prosecution of public corruption and insider trading. But the Southern District’s efforts under Bharara’s leadership to combat the emerging cyber threat appear to have been somewhat overlooked. During Bharara’s tenure, the Southern District brought a series of historic criminal cases in the cyber area, which should be included as an important part of Bharara’s impressive legacy.
The cyber threat is, of course, a multi-faceted problem. Many cyber security experts focus their efforts, as they should, on national security, privacy, and business continuity issues. The Southern District’s recent record in prosecuting cybercrime, however, shows that the criminal law has been, and must remain, an important component of the response to the cyber threat.
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