In light of Michael Sulmeyer’s excellent recent piece on splitting NSA and CYBERCOM, which ran at War on the Rocks last week, I want to pull together some of the key legal and policy developments of the past year in a single narrative. My aim is to put them in context with each other in a way that will provide useful background for those new to this issue, while also putting a spotlight on the deconfliction-of-equities issue that the split proposal raises.
Latest in Cyber attack
Matthew Waxman testifies before the Senate Armed Services Committee on the international law dimensions of U.S. cyber strategy and policy.
In my first post on this subject, I quoted a news story in fedscoop saying that
The development of “loud” offensive cyber tools, [that could be definitively traced to the United States and thus] able to possibly deter future intrusions, represent a “different paradigm shift” from what the agency has used to in the past.
NATO recently announced that it will regard cyber as a domain of conflict, joining land, sea, and air as other domains in which conflict may occur. At a press conference on June 14, 2016, NATO Secretary General Jens Stoltenberg said that NATO “will recognize cyberspace as an operational domain, just like air, sea and land. Cyber defence is part of collective defence. Most crises and conflicts today have a cyber dimension, so treating cyber as an operational domain would enable us to better protect our mi
Our guest for episode 111 is Suzanne Spaulding, DHS’s Under Secretary for the National Protection and Programs Directorate.
Taking note of Cyberwar: Law and Ethics for Virtual Conflicts, a new book on conceptualizing cyber attacks and cyberwar, and their relation to theories of war and the ethics of war.
With the President supposedly poised to sign the NDAA FY'16 notwithstanding its GTMO transfer restrictions (subject, no doubt, to a signing statement hinting at an override option), it's a good time to take note of other interesting aspects of the bill. Among other things, there are some interesting cyber-provisions, as well as an interesting EMP development.
This week on the Lawfare Podcast, Helen Mohrmann, the Chief Information Officer at the Brookings Institution, discusses the difficulties of securing a large, public-facing organization from an array of cyber-attacks.
The OPM Data Breach: Congress Should Investigate, but Should Consider Its Own Responsibility for Protecting Federal Workers
The data breach of OPM’s personnel records system is a privacy and security disaster for the U.S.