All posts by Elizabeth Rindskopf Parker

Dean Elizabeth Rindskopf Parker has served as dean of Pacific McGeorge since July 2002. A widely-published scholar and frequently-cited expert on matters of national security law and terrorism, she served in key federal government positions, most notably as general counsel for the National Security Agency, principal deputy legal adviser, Department of State, and general counsel for the CIA. Dean Parker currently serves on the National Academy of Sciences’ Roundtable on Scientific Communication and National Security, and the U.S. Public Interest Declassification Board.

Introduction

For many of us, the cyber threat to U. S. national security is amorphous and not easy to comprehend. At the same time, in the last two years of the Bush administration and through the first year of the Obama presidency, cybersecurity has been characterized as “one of the most urgent national security problems facing the new administration.”1 Our cyber systems have increasingly been infiltrated in recent years by malefactors with widely ranging motivations and associations. Experts point to stunning amounts of sensitive material lost to cyber thieves.

Given the increasing dependence on cyber technology, the vulnerabilities within insecure cyber networks are hard to quantify and even harder to understand and protect against. We have devoted the current issue of the Journal of National Security Law & Policy (JNSLP) to cyber threats in an attempt to raise awareness and focus national debate on what should be done in a variety of contexts to improve cybersecurity.

Many have helped in this project, but particular thanks go to Gary Sharp, special editor for this issue, who conceived the idea and did much to shape its content. Thanks are also due to Richard Shiffrin, who graciously served as an unofficial editor of this special issue, reviewing and critiquing significant amounts of material.

For many reasons, the collection of views presented in this issue is especially timely. By any measure, developing and implementing a forward-looking cybersecurity policy is among the most compelling items on the Obama administration national security agenda. It may also be the most complex. Developing such a policy requires a sophisticated understanding of the technology, interests, and motivations involved in perpetrating cyber attacks, on the one hand, and an appreciation of the tradeoffs implicated in decisions to create new authorities and institutional arrangements for cyber defense, on the other. That the Administration has not yet implemented a blueprint for action, despite the issue’s priority, may simply reflect its understanding that, given the intricacies of the threat and its management, leadership means showing restraint, rather than acting precipitately.

National Security Advice for a New Administration: Initial Thoughts

The opening phrase in Charles Dickens’s Tale of Two Cities nicely captures the national security challenges confronting the nation as a new administration takes office. After the stunning failures of the preceding Administration, Obama’s inauguration in November 2008 was greeted with euphoria. Obama’s bearing, approach and outlook seemed to offer a “just in time” rescue for national security policies run aground. Now, as the day-to- day reality of governing sets in, it is increasingly clear that the nation will need every bit of the new President’s heralded thoughtfulness and calm. Obama seems an excellent example of Ernest Hemingway’s definition of courage as “grace under pressure.” Even without considering the economic debacle confronting the world and its impact on global markets, the national security concerns confronting the United States as the world’s leading power are daunting.

 

Why a Journal of National Security Law & Policy?

New periodicals and law journals, if not commonplace, are still far from unknown. The arrival of this inaugural issue of the Journal of National Security Law & Policy is particularly noteworthy, however, because of the circumstances that have produced it and the need it seeks to address: bringing national security practitioners, lawyers, and scholars into conversation about the evolving relationship between law and national security. It is worth reflecting on the circumstances that make the arrival of this new journal so timely and important.