Most scholars who have tackled the internet “kill switch” subject come to a rather hasty conclusion that the President has the authority to shut down the internet under his emergency powers by invoking section 706 of the Communications Act of 1934 (codified as 47 U.S.C. § 606). Over the years, this supposition has been debated… Continue reading Building Cyber Walls: Executive Emergency Powers in Cyberspace
Category: 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
Reordering the Law for a China World Order: China’s Legal Warfare Strategy in Outer Space and Cyberspace
As the United States and China hurl toward a potential Thucydides Trap, the Chinese government has steadily laid groundwork as a global leader in emerging technologies. Maj. Bret White’s article examines Chinese thought as to that country’s place in the world: a leader in some respects; an outcast in others – but always an innovator.… Continue reading Reordering the Law for a China World Order: China’s Legal Warfare Strategy in Outer Space and Cyberspace
Cybercrime vs. Cyberwar: Paradigms for Addressing Malicious Cyber Activity
Although acts of cybercrime and cyberwar are different, the lines between the two have been become blurred over time. The nature of cyberspace has complicated the pre-existing doctrine for armed attacks, yet they are still being applied. Furthermore, the United States historically has responded to malicious cyber activity through a militarized lens. This tendency to… Continue reading Cybercrime vs. Cyberwar: Paradigms for Addressing Malicious Cyber Activity