Cybersecurity
255 Articles
In Defense of Sovereignty in Cyberspace
This article is the latest in our Fog of Law series that examines the gray zones in international law and conflict that can be exploited by states. The series comes in advance…
Kompromising Congress?
"Given what appears to be the low level of information security on the Hill, we probably don't need to ask whether such information has been gathered by foreign intelligence services.…
All Hands on Deck: Cyber Attacks Against Private Companies and International Law
Last Wednesday, reports surfaced that the U.S. aircraft manufacturer Boeing had been hit by a serious ransomware attack. A leaked internal memo suggested that some production equipment…
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…
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…
Cyber, Sovereignty, and North Korea–And the Risk of Inaction
Americans, and people throughout the world, are becoming increasingly aware that there are significant vulnerabilities in the Internet, and that there are malicious actors who…