Cyber
375 Articles

Putin’s Story of What Happened in 2016 Sounds Familiar
Where have I heard that story before? Tonight, NBC will air an hour-long special featuring a sit-down interview between Megyn Kelly and Russian President Vladimir Putin. A preview…

Cyber Operations and the U.S. Definition of “Armed Attack”
[Ed. Note: Based on Goodman's remarks at U.S. Cyber Command’s Annual Legal Conference.]
A widely accepted view of the UN Charter is that a State can use force…
A widely accepted view of the UN Charter is that a State can use force…

Do Not Pass Go: The Predictable Results of Subpoena Defiance
A short walk down memory lane shows how wrong former Trump campaign aide Sam Nunberg is about the consequences of defying a subpoena.

Outlook on International Cyber Norms: Three Avenues for Future Progress
“It’s high time to have a serious discussion about the international legal framework in which cyberwars take place,” UN Secretary General António Guterres said during his…

Russia “Previewed” Plan to Disseminate Emails with Trump Campaign
Goodman analyzes Schiff’s revelation that Russia gave preview to Trump campaign that the Kremlin could help disseminate stolen emails. Then he addresses the legally important…

Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…

A Checklist for Protecting Our Elections from Foreign Meddling
Vice President and General Counsel for Facebook Colin Stretch, General Counsel for Twitter Sean Edgett, and Senior Vice President and General Counsel for Google Kent Walker at…

WannaCry and the International Law of Cyberspace
Immediately following this May’s “WannaCry” ransomware cyber-attacks, the United Kingdom’s National Cyber Security Centre (NCSC) speculated that the hacker group “Lazarus”—believed…

Three Questions on the WannaCry Attribution to North Korea
President Donald Trump speaks alongside Secretary of State Rex Tillerson during a cabinet meeting at the White House on November 20, 2017, at which Trump officially designated…

Hacking Back in Black: Legal and Policy Concerns with the Updated Active Cyber Defense Certainty Act
For years now, there has been a discussion surrounding the feasibility of active cyber defense, and allowing private entities or individuals to “hack back” against hostile…

The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional
The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…

What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities
At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…