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A bus passes a large Microsoft sign and logo lit up in bright lights.

We’re From the Government, We’re Here to Help: The FBI and the Microsoft Exchange Hack

In a recent operation, the FBI removed malware from hacked Microsoft Exchange servers, and only attempted to notify the servers’ owners after the fact. This approach is almost…
The flag of North Korea overlaid on binary numerical code.

The Latest North Korea Cyber Indictment Should Serve as a Model

Last week, the Biden administration’s Department of Justice (DOJ) announced its first major cyber-related indictment. An investigation long in the works, the indictment charges…
An engineer-virologist looks at 24 well plates adherent cells monolayer infected with a Sars-CoV-2 virus.

COVID-19 and International Law Series: Vaccine Theft, Disinformation, the Law Governing Cyber Operations

Ongoing cyberattacks on vaccine production and distribution systems, such as those discovered by IBM yesterday, may threaten efforts to fight COVID-19. But do they break international…
A poster showing six wanted Russian military intelligent officers is displayed before a news conference at the Department of Justice, on October 19, 2020, in Washington, DC.

The Latest GRU Indictment: A Failed Exercise in Deterrence

On Oct. 19, the Justice Department unsealed an indictment naming six Russian military intelligence officers, members of GRU Unit 74455, also known as “Sandworm.” Peter Machtiger…
A man walks inside the Apple store in Hong Kong on October 10, 2019.

App Stores as Back-Doors for Government Regulation of End-to-End Encryption

App stores make natural chokepoints for de facto government regulation, without the long and politically expensive process of legislation. But the privacy and security implications…
Supreme Court Justices process from the Supreme Court to Westminster Abbey on October 1, 2013 in London, England. The start of the legal year is marked with a traditional religious service and procession from Westminster Abbey.

When Constitutional Law and Government Hacking Collide: A Landmark U.K. Ruling Is Relevant on Both Sides of the Pond

The U.K. Supreme Court's landmark judgment in R (Privacy International) v Investigatory Powers Tribunal and others sets an important precedent for oversight of questions of law…
A person types on a laptop. Translucent icons litter the image to represent cybersecurity.

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.…
A Luas tram heads for Dublin on December 2, 2010 near Cherrywood - south of Dublin, Ireland.

What the Dublin Tram System Hack Reveals about the Future of Hostage Taking

Imagine hackers commandeered a capital city’s transit system, holding it hostage for a cryptocurrency ransom. Consider the implications of this attack: beyond a data breach,…

Was Your Voting Machine Hacked? Without More User-Friendly Devices, We May Not Know

Election-technology monitoring during the midterms logged more than 900 individual reports of voting issues. But the problems weren’t the anticipated cyberattacks.

Shining a Light on Federal Law Enforcement’s Use of Computer Hacking Tools

Ten years ago, an FBI official impersonated an Associated Press reporter to lure and track a teenager suspected of sending in prank bomb threats to his school. To find him, the…

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…

Would the United States Be Responsible for Private Hacking?

Rep. Tom Graves (R-GA) and Rep. Kyrsten Sinema (D-AZ) introduced the Active Cyber Defense Certainty Act (H.R. 4036) in the House of Representatives on Oct. 13. The bill would amend…
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