National Security Law Commons^™

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen

Faculty Scholarship

Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating the …

Network Accountability For The Domestic Intelligence Apparatus, Frank Pasquale, Danielle Keats Citron

Faculty Scholarship

No abstract provided.

Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Disappearing Government Information And The Internet's Public Domain, Susan Nevelow Mart

Publications

This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.

Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman

Faculty Scholarship

In a 2010 article in Foreign Affairs, Deputy Secretary of Defense William Lynn revealed that in 2008 the Department of Defense suffered "the most significant breach of U.S. military computers ever" when a flash drive inserted into a US military laptop surreptitiously introduced malicious software into US Central Command's classified and unclassified computer systems. Lynn explains that the US government is developing defensive systems to protect military and civilian electronic infrastructure from intrusions and, potentially worse, disruptions and destruction, and it is developing its own cyber-strategy "to defend the United States in the digital age."

To what extent is …