Latest in cyber

Campaign 2016

State-Sponsored Doxing and Manipulation of the U.S. Election: How Should the U.S. Government Respond?

As Thomas Rid explains in this terrific piece in Esquire, the Russian government has developed a remarkable capacity for blending the fruits of espionage with information operations designed to manipulate public opinion abroad. It has deployed this capacity in the past in various contexts without generating much discussion in U.S. circles, but recent activities apparently designed to impact the U.S. presidential election (in favor of Donald Trump) have sparked a sudden surge of attention.

Brief Reviews

Conceptualizing Cyberwar

Last Tuesday’s Wall Street Journal (November 10, 2015) carried a front-page story titled “Ukraine: Cyberwar’s Hottest Front.” A few weeks earlier, the Journal had carried a related front-page article, “Cyberwar Ignites a New Arms Race” (October 11, 2015) – subtitled “Dozens of countries amass cyberweapons, reconfigure militaries to meet threat.” Militaries and policy-makers around the world have awoken to the fact that cyberwarfare is already a r

cyber

What Does the NDAA Say About Cyber? (Bonus Feature: The Return of the EMP Commission)

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.

1. Cyber

Readings

The "Where" Problem of Territory, Jurisdiction, and Data in Cyberspace

Jennifer C. Daskal (Washington College of Law, American University) has a forthcoming paper in Yale Law Journal on the vexing question of territoriality and data (current draft is available on SSRN.com), "The Un-Territoriality of Data." This paper focuses on one important aspect of the "where" of electronic data given the nature of today's Internet technologies - the US Constitutional Fourth Amendment territoriality issues of search and seizure. Here is the SSRN abstract:

Cyber & Technology

Cybersecurity in 1989: Looking Back at Cliff Stoll's Classic The Cuckoo's Egg

It has been almost exactly twenty-six years since the publication of Cliff Stoll's The Cuckoo's Egg: Tracking a Spy Through the Maze of Computer Espionage. I'm not sure this was the first non-fiction cybersecurity book to make it big, but it certainly was a trailblazer for the genre. And it is still well-worth the read.

Cybersecurity

Don’t Get Too Excited About A US-China Arms Control Agreement for Cyber

David Sanger reported over the weekend that “the United States and China are negotiating what could become the first arms control accord for cyberspace, embracing a commitment by each country that it will not be the first to use cyberweapons to cripple the other’s critical infrastructure during peacetime. He added that the negotiations are being “conducted with urgency,” with the aim of announcing an agreement when President Xi Jinping of China arrives in Washington on Thursday.

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