Aegis Paper Series

Latest in Aegis Paper Series

Aegis

Covert Deception, Strategic Fraud, and the Rule of Prohibited Intervention

If information is power, then the corruption of information is the erosion, if not the outright usurpation, of power. This is especially true in the information age, where developments in the technological structure and global interconnectedness of information and telecommunications infrastructure have enabled states to engage in malicious influence campaigns at an unprecedented scope, scale, depth, and speed.

Aegis

Defend Forward and Cyber Countermeasures

When a state suffers an internationally wrongful act at the hands of another state, international law allows the injured state to respond in a variety of ways. Depending on the nature, scope, and severity of the initial wrongful act, lawful responses can range from a demand for reparations in response to a low-level violation to a forcible act of self-defense in response to an armed attack. Countermeasures offer an additional way for a state to respond to an internationally wrongful act.

Aegis

The Discourse of Control and Consent Over Data in EU Data Protection Law and Beyond

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. Yet the entrenched long-term focus on users’ control and consent fails to protect consumers who face increasingly intrusive data collection practices.

Aegis

Verified Accountability: Self-Regulation of Content Moderation as an Answer to the Special Problems of Speech Regulation

The “techlash” of the past few years represents a moment of quasi-constitutional upheaval for the internet. The way a few private companies have been “governing” large parts of the digital world has suffered a crisis of legitimacy. Calls to find mechanisms to limit the arbitrary exercise of power online have gained new urgency. This task of “digital constitutionalism” is one of the great projects of the coming decades. It is especially pressing in the context of content moderation – platforms’ practice of designing and enforcing rules for what they allow to be posted on their services.

Aegis

Who Do You Sue? State and Platform Hybrid Power Over Online Speech

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms.

Aegis Paper Series

The Important, Justifiable and Constrained Role Of Nationality In Foreign Intelligence Surveillance

This Lawfare post summarizes a longer essay we are publishing today with the Hoover Working Group on National Security, Technology and Law. Our essay addresses whether governments ever have a justified basis for treating targets of surveillance differently, in any way, based on nationality. This issue is of general importance and has become particularly important in the current legal debates about whether the U.S.

Aegis Paper Series

Flat Light: Data Protection for the Disoriented, From Policy to Practice

Flat light is the state of disorientation, feared among pilots, in which all visual references are lost. The effects of flat light “completely obscure features of the terrain, creating an inability to distinguish distances and closure rates. As a result of this reflected light, [flat light] can give pilots the illusion that they are ascending or descending when they may actually be flying level.”

This is the state of information security today.

Subscribe to Lawfare

EmailRSSKindle