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… Continue reading Spying & Fighting in Cyberspace: What is Which?

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

Some data acquisition/transfer device at CERN (CMS experiment).

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

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