Defining the Scope of “Possession, Custody, or Control” for Privacy Issues and the CLOUD Act

With a growing number of US companies storing their electronic data across country lines, US law enforcement agencies are left with the difficult task of trying to access electronic evidence stored outside of their physical jurisdictions. In response, Congress passed the Clarifying Lawful Overseas Use of Data Act (Cloud Act) in 2018 to provide the… Continue reading Defining the Scope of “Possession, Custody, or Control” for Privacy Issues and the CLOUD Act

Persistent Enforcement: Criminal Charges as a Response to Nation-State Malicious Cyber Activity

Malicious cyber activities by foreign states present major challenges to the US government. Foreign governments steal intellectual property, attack election systems, wage influence campaigns, and cripple American companies. One tool brought to bear most recently against these state actors is the criminal indictment. This article reviews the use of criminal charges as a response to… Continue reading Persistent Enforcement: Criminal Charges as a Response to Nation-State Malicious Cyber Activity

Personal Information as an Attack Vector: Why Privacy Should Be an Operational Dimension of US National Security

The US government has always been keen on its ability to protect sensitive and classified information from its enemies, yet the majority of resources have focused on military and national security information, which has left other categories of information exposed. Capt. Christopher Dearing focuses the reader on the national security implications of personal information and… Continue reading Personal Information as an Attack Vector: Why Privacy Should Be an Operational Dimension of US National Security