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

cyber weapons

Cyber Weapons & Export Control: Incorporating Dual Use with the PrEP Model

In “Cyber Weapons and Export Control,” Trey Herr and Paul Rosenzweig take up the complex task of characterizing software products in the context of the current export regulatory regime. Herr and Rosenzweig use their PrEP model to distinguish the components of the software functionally. They isolate the payload component as requiring special consideration, and propose a policy approach to regulating software exports based on their effects.

Fourth Amendment

Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine

As the field of privacy and digital surveillance grows increasingly chaotic, Michael Price proposes a compelling supplement to the third-party doctrine. Eschewing the popular position that our privacy clashes are generational, Price instead reviews the history of Fourth Amendment jurisprudence to identify missteps in doctrine that have led us to the current impossible position. Along the way he wrestles with problems such as cloud storage and communications metadata, and he concludes with a framework that strikes a new balance between our storied civil liberties heritage and the “papers” of a big data society.

Under the Radar: NSA’s Efforts to Secure Private-Sector Telecommunications Infrastructure

Landau explains the National Security Agency’s little-known function of providing communications security (COMSEC) to private companies, which has involved an improvement of security and privacy of the domestic communications infrastructure. She examines the history of the program and how the NSA’s behavior towards the private sector has shifted since the 1950’s, as well as the rationale behind these radical changes. Ultimately, Landau argues that providing national security tools to the private sector is outside the mission of the NSA and should be done by an entity more in sync with the private sector and international community.