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

Cyberspace

Spying & Fighting in Cyberspace: What is Which?

Brown presents the nuances of cyberespionage versus cyberattacks that are becoming more pervasive in the national security context. He defines the differences between the two, and proposes a method of analyzing cyberspace operations to properly categorize them. Then, using an extended hypothetical and several real-life examples, Brown illustrates how dangerous cyber operations can be, and the need to properly define them so as to respond most effectively.

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.