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The law has spent centuries chasing technological changes. Legal rules tend to evolve from the slow accumulation of precedent or from the difficult-to-find common ground of legislative consensus. And yet, the opportunities and risks created by society’s technological hares race ahead without heed to the pace of the legal tortoises. Cybersecurity vulnerabilities at U.S. companies, and the resulting problems maintaining the privacy of personal information of employees, present the latest iteration of this age-old dilemma. Courts, legislatures and regulators have attempted to define the duties of employers concerning security and privacy, and this article explores the pros and cons of each approach. In the end, without regard to who is making the legal rules, the change is upon us and certain practical steps will best serve the interests of both employers and employees in this digital era.

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