Category Archives: 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

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 the detrimental impact it possesses. This article provides an analysis of current privacy law and the information landscape, while highlighting areas where the US government has failed to keep pace to protect personal information, providing a valuable target for adversaries.

In an expansive call for action, Capt. Dearing recommends eight concrete steps that the government can take to better protect and manage personal information while developing stronger procedures to identify threats and respond to them.

Projecting Power: How States Use Proxies in Cyberspace

How and why do states use cyber proxies to project power? Why do some states lean closer to these proxies than others, and what does this distance reveal about how a state views them? In this article, Syed Hamza Mannan answers these questions in a review of Tim Maurer’s book, Cyber Mercenaries: The State, Hackers, and Power.

Mannan explores the demand for cyber proxies, the mechanisms states use to control them, and the implications of cyber state-proxy relationships. Perhaps Maurer’s most prevalent contribution to the research, articulated in Mannan’s review, is in constructing a framework for characterizing different relationships states maintain with cyber proxies: those of delegation, orchestration, and sanctioning. By applying the framework to contemporary examples of cyber proxy proliferation, Mannan’s review illuminates Maurer’s important work.

Sovereign Immunity in Cyber Space: Towards Defining a Cyber-Intrusion Exception to the Foreign Sovereign Immunities Act

In light of recent foreign cyber-assaults that have jeopardized personal privacy in the United States, it is time for individuals to explore opportunities for private suits against foreign governments. In the first attempt to do this, Doe v. Federal Democratic Republic of Ethiopia, the courts found that the Foreign Sovereign Immunities Act barred suit under the Wiretap Act’s private cause of action and the common law tort of intrusion upon seclusion. Kurland posits that either a new exception should be added to the FSIA to ameliorate this legal lacuna.