Category Archives: Cybersecurity

“I have found Vol. 4:1 of the Journal of National Security Law & Policy, the Cybersecurity Symposium, to be an invaluable resource. I use many of these articles in my research and clinic preparation, and am glad to have a bound, hard copy that I can grab from my shelf and mark up as I like.” -Eric J. Lobsinger, Teaching Fellow, Georgetown University Law Center

Equifax hack

Equi-Failure: The National Security Implications of the Equifax Hack and a Critical Proposal for Reform

By McKay Smith & Garrett Mulrain

The Equifax hack, which impacted nearly half of the U.S. population, should be viewed as a triggering event for worthwhile government reform and increased public-private cooperation, creating a model that is both scalable and adaptable to multiple industries. Framed by the Equifax data breach, McKay Smith and Garrett Mulrain focus the reader on the national security implications of attacks on the American consumer economy, perpetrated by cybercriminals and hostile nation states. This article provides a detailed analysis of government oversight efforts and contains a novel and creative proposal for reform, intended to serve as a blueprint for widespread, whole-of-government action. In a pragmatic call for reform, Smith and Mulrain recommend seven concrete steps that government can take to demonstrate a renewed commitment to protecting its data, and the data of its private citizens, from malicious foreign adversaries.

Equi-failure: The National Security Implications of the Equifax Hack and a Critical Proposal for Reform

Cyber Collateral Damage

Understanding Cyber Collateral Damage

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.

Understanding Cyber Collateral Damage

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Sony Hack

The 2014 Sony Hack and the Role of International Law

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.