Cybersecurity and Deterrence
Ending the “Dual-Hat” Arrangement for NSA and Cyber Command?
Robert Chesney Sun, Dec 20, 2020, 8:38 AM
Are big changes afoot at Cyber Command? What are the relevant legal constraints?
Latest in CYBERCOM
Cybersecurity and Deterrence
Persistently Engaging TrickBot: USCYBERCOM Takes on a Notorious Botnet
Robert Chesney Mon, Oct 12, 2020, 3:53 PM
For the first time, it appears, U.S. Cyber Command has conducted a disruption operation against a non-state actor outside the context of war. Here’s what you need to know.
Cybersecurity and Deterrence
U.S. Cyber Command and the Russian Grid: Proportional Countermeasures, Statutory Authorities and Presidential Notification
Robert Chesney Mon, Jun 17, 2019, 4:00 PM
A blockbuster article by David Sanger and Nicole Perlroth in the New York Times reports U.S. Cyber Command operations to hold at-risk at least some aspects of the electric power grid in Russia. The story raises a host of legal and policy questions.
Cybersecurity and Deterrence
The 2018 DOD Cyber Strategy: Understanding 'Defense Forward' in Light of the NDAA and PPD-20 Changes
Robert Chesney Tue, Sep 25, 2018, 6:45 PM
DOD’s 2018 Cyber Strategy document is drawing attention because of its reference to “defense forward.” What does that mean? Let’s have a close look, in context with the recently-enacted NDAA and recent changes to PPD-20.
1. Hold up. Is this “DOD Cyber Strategy” the same thing as the “National Cyber Strategy”?
Cybersecurity
The NDAA FY'18's Cyber Provisions: What Emerged from Conference?
Robert Chesney Tue, Nov 14, 2017, 1:10 AM
The next National Defense Authorization Act (the NDAA FY’18) is nearing the finish line. A Conference Report is now available, and so the time has come for a closer look at some of the key provisions of interest to Lawfare readers. My colleague Scott Anderson is going to post a broad overview shortly. For my part, I’d like to walk you through the “Cyberspace-Related Matters” section (sections 1631-1649C).
CYBERCOM
Cyber Operations and the Draft NDAA: Analyzing Section 1621 (and SecDef's Objections)
Robert Chesney Fri, Oct 20, 2017, 12:31 AM
Podcasts
The Lawfare Podcast: Bobby Chesney and Michael Sulmeyer on NSA and Cyber Command
Matthew Kahn Sat, Aug 19, 2017, 1:30 PM
Friday morning, the White House announced it will elevate Cyber Command to a full unified combatant command. Within 60 days, the Secretary of Defense will recommend whether Cyber Command should also be split from the National Security Agency.
Cybersecurity and Deterrence
White House Announces Elevation of Cyber Command
Matthew Kahn Fri, Aug 18, 2017, 10:57 AM
Friday morning, the White House announced in a statement that the President ordered the elevation of Cyber Command to a unified combatant command. The full statement can be found below.
Cyber Command
Separating NSA and CYBERCOM? Be Careful When Reading the GAO Report
Robert Chesney Mon, Aug 7, 2017, 1:01 PM
The Government Accountability Office last week published a report that, among other things, weighs in on the pros and cons of the NSA/CYBERCOM “dual-hat” system (pursuant to which the director of the NSA/CSS and commander of CYBERCOM are the same person). The report deserves attention but also some criticism and context. Here’s a bit of all three.
1. What is the “dual-hat” issue?
CYBERCOM
Should NSA and CYBERCOM Split? The Legal and Policy Hurdles as They Developed Over the Past Year
Robert Chesney Mon, Jul 24, 2017, 2:36 PM
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.