Building Cyber Walls: Executive Emergency Powers in Cyberspace

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

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

Countering the Cyber Enforcement Gap: Strengthening Global Capacity on Cybercrime

While the barrage of cyberattacks around the world continues to increase, the lack of effective global cybercrime enforcement has allowed cybercriminals to operate with near impunity. Although there have been a number of efforts to increase international cooperation on cybercrime enforcement, many of these efforts have been hindered due to the lack of capacity building… Continue reading Countering the Cyber Enforcement Gap: Strengthening Global Capacity on Cybercrime