Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability

More and more often, the Foreign Sovereign Immunities Act (FSIA) has protected cyberattack-conducting state actors and their cybersecurity contractors from legal liability and suits brought by victims seeking redress in US courts. Adam Silow argues that it is time for foreign sovereign immunity to receive an update for the digital era. State-sponsored cyberattacks and their… Continue reading Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability

FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security

In an era where “economic security is national security,” China’s growing economic power presents America with a distinct challenge. Will Moreland looks to America’s response to suggest that the Biden administration is returning to an earlier “Rooseveltian” conception of national security—one which appreciates that a healthy American middle class is essential to defending democracy. Moreland… Continue reading FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security

By, With, And Through: Section 1202 and the Future of Unconventional Warfare

As conflicts continue to be fought in countries far from the United States, it is of increasing importance that our government have the ability to train and equip foreign personnel to ensure global security. To this end, Congress enacted Section 1202 of the 2018 National Defense Authorization Act, enabling the Department of Defense to spend… Continue reading By, With, And Through: Section 1202 and the Future of Unconventional Warfare