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.
Bowman “sets the record straight” with his review of Bob Gates’ new book, Duty. He states that Duty is not a “tell all,” but rather a highly personal and almost daily reflection of what Gates thought and experienced during his time as US Secretary of Defense. Ultimately, Bowman concludes that while the book is very readable, it is primarily a catharsis with little to no commentary on national security or international law.