Maj. Jeremy Watford examines the historic divide between military operations and intelligence collection—particularly when it comes to statutory authority and oversight responsibilities—and discusses how modern cyber operations complicates this separation. Watford proposes a new framework to resolve the current tensions in military and intelligence operations largely caused by “bureaucratic territoriality” and to account for the… Continue reading A New Framework for Cyber Operations: Reevaluating Traditional Military Activities and Intelligence Collection in the Digital Age
There are generally four concepts in international law that describe a state’s wrongful acts: violation of sovereignty, prohibited intervention, use of force, and armed attack. These four concepts emerged in the pre-internet era, thus the application of them in cyberspace has caused many disagreements. However, notwithstanding the disagreements on the scope of any particular concepts,… Continue reading Why is the “Spectrum Model” of Internationally Wrongful Acts Problematic in Cyberspace?
In an era when cyberattacks are becoming ever more prevalent, there is a growing demand for private companies to “hackback” to deter and defend against attacks. But federal law precludes them from doing so. Sam Parker addresses the risks and benefits of allowing companies to respond to cyber-threats by going on the offensive and analyzes… Continue reading Shot in the Dark: Can Private Sector “Hackbacks” Work?