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

Equi-Failure: The National Security Implications of the Equifax Hack and a Critical Proposal for Reform

By McKay Smith & Garrett Mulrain The Equifax hack, which impacted nearly half of the U.S. population, should be viewed as a triggering event for worthwhile government reform and increased public-private cooperation, creating a model that is both scalable and adaptable to multiple industries. Framed by the Equifax data breach, McKay Smith and Garrett Mulrain… Continue reading Equi-Failure: The National Security Implications of the Equifax Hack and a Critical Proposal for Reform

Understanding Cyber Collateral Damage

In this article, Sasha Romanosky and Zachary Goldman address the problem of how to define “collateral damage” in the cyber realm. Arguing that unintended effects on data alone can constitute collateral damage, Romanosky and Goldman propose ways for the US military and law enforcement to conceptualize and estimate collateral damage in the context of cyber operations. Understanding… Continue reading Understanding Cyber Collateral Damage