Cyber
357 Articles

U.S. Offensive Cyber Operations against Economic Cyber Intrusions: An International Law Analysis – Part I
On June 11, 2019, White House National Security Adviser John Bolton announced that U.S. offensive cyber operations would be expanded beyond countering election interference to…

Empathy Matters: Leadership in Cyber
"Having both served in the U.S. Department of Defense in the post-9/11 era, we’ve found ourselves in far-flung outposts around the world, where Americans and Coalition partners…

Cyberattack Attribution and the Virtues of Decentralization
In the midst of rising tensions between the United States and Iran over tanker attacks and Iran’s downing of a U.S. drone, reports emerged that U.S. Cyber Command had launched…

Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law
"It is difficult to definitely conclude that the proposed U.S. kinetic strikes would have been valid exercises of self-defense."

U.S. Cyber Command, Russia and Critical Infrastructure: What Norms and Laws Apply?
Emplacing malware in critical infrastructure on which the civilian population depends is a decision States must not take lightly. It may also violate international law, but 'responding…

Estonia Speaks Out on Key Rules for Cyberspace
Estonian President Kaljulaid stakes out a bold position on collective countermeasures in cyberspace and clarifies the obligation of due diligence.

Countering Russia’s Malign Influence Operations
Putin’s successes with covert action show that such operations are not only more effective and cheaper than conventional military operations, but they have also resulted in far…

An Emergency or Business as Usual? Huawei and Trump’s Emergency Powers
Should the emergency declaration be used purely as leverage in a trade war, it would clearly be an abuse of the intent of emergency powers.

When To Use the ‘Nuclear Option?’ Why Knocking Russia Offline Is a Bad Idea
The news about the November 2018 Cyber Command operation that knocked the notorious Russian troll farm, the Internet Research Agency, offline before the U.S. midterm elections…

CTRL+HALT+Defeat: State-Sponsored Surveillance and the Suppression of Dissent
A new lawsuit in Israeli court seeks accountability for the export of malicious spyware used for digital surveillance of human rights defenders, journalists, and political dissidents.…

Canada Considers Most Far-Reaching Intell Reforms in Decades
The proposed bill strikes a healthy balance between facing up to new cyber-threats and ensuring accountability and oversight.

Split Over Compelled Decryption Deepens With Massachusetts Case
Encryption is as omnipresent as computers, tablets, and smartphones. Yet the Supreme Court has not provided guidance on the constitutional implications of compelling a suspect…