Archive | Vol. 4 No. 1 RSS

National Leadership, Individual Responsibility | This issue contributes to the national debate on cyber-related issues by supplying some of the missing pieces of the discussion, focusing on the largest and most difficult sub-set: cyber-security.

Foundational Questions Regarding the Federal Role in Cybersecurity

Foundational Questions Regarding the Federal Role in Cybersecurity

During the last two years of the Bush administration, the senior leadership at the U.S. Department of Homeland Security (DHS) spent substantial time and effort in first helping to craft, and then attempting to implement, Homeland Security Presidential Directive 23/National Security Presidential Directive 54 (HSPD 23/NSPD 54), Cyber Security and Monitoring.

A Comparative Study of the Information Security Policies of Japan and the United States

A Comparative Study of the Information Security Policies of Japan and the United States

This article describes the information security policies and institutions of the Japanese government and draws attention to comparable policies and institutions of the U.S. government.

U.S. International Policy for Cybersecurity: Five Issues That Won’t Go Away

U.S. International Policy for Cybersecurity: Five Issues That Won’t Go Away

On May 29, 2009, President Obama released his Cyberspace Policy Review (the Review). The Review, conducted by the National Security Council and the Homeland Security Council, examined existing government initiatives addressing cyberspace security in order to develop a strategic framework to coordinate government action.

National Cyber Doctrine: The Missing Link in the Application of American Cyber Power

National Cyber Doctrine: The Missing Link in the Application of American Cyber Power

On June 23, 2009, Secretary of Defense Robert Gates established the U.S. Cyber Command as a sub-unified command under the U.S. Strategic Command in order to defend military information networks against cyber attacks.1 This organization is the most recent Department of Defense (DoD) response to the increasing threats to U.S. military, government, and commercial information systems and rapidly developing adversarial network capabilities.

Congress’s Role in Cyber Warfare

Congress’s Role in Cyber Warfare

In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that “only Congress itself can prevent power from slipping through its fingers.” Jackson’s warning seems especially pertinent today, as we prepare urgently for cyber warfare – facing potentially enormous threats from yet unknown enemies, and finding ourselves dependent on staggeringly complex, unproven technology. The executive branch, which has special expertise and agility in national security matters generally, as well as substantial constitutional authority, has taken the initiative in these preparations. Yet if Congress is to be faithful to the Framers’ vision of its role in the nation’s defense, it must tighten its grip and play a significant part in the development of policies for war on a digital battlefield. It also must enact rules to help ensure that these policies are carried out.

Square Legal Pegs in Round Cyber Holes: The NSA, Lawfulness, and the Protection of Privacy Rights and Civil Liberties in Cyberspace

Square Legal Pegs in Round Cyber Holes: The NSA, Lawfulness, and the Protection of Privacy Rights and Civil Liberties in Cyberspace

One of the major themes of the Cyberspace Policy Review (the Review) is that a national strategy on cybersecurity must be consistent with the protection of privacy rights and civil liberties guaranteed by the Constitution and the law.