In this article, Sasha Romanosky and Zachary Goldman address the problem of how to define “collateral damage” in the cyber realm. Arguing that unintended effects on data alone can constitute collateral damage, Romanosky and Goldman propose ways for the US military and law enforcement to conceptualize and estimate collateral damage in the context of cyber operations.
Jennifer Daskal describes the challenges facing law enforcement access to data across borders and examines the legal and political issues at stake in formulating clear standards for cross-border access to data. Daskal also presents possible mechanisms for establishing a framework for law enforcement access to content and non-content data in foreign jurisdictions.
In this article, Clare Sullivan posits that the 2014 hack of Sony Pictures Entertainment (“Sony Hack”) heralds the arrival of a new form of modern warfare. She argues that the current state of international law is inadequate to deal with hacks like this one, which do not cause physical damage but which nonetheless result in serious economic harm and violations of privacy. In the author’s view, a new approach is needed to ensure that countries are permitted under international law to respond to and take countermeasures against such hacks.