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Fog Of War: How The Ukraine Conflict Transformed The Cyber Threat Landscape, Threat Analysis Group (Tag), Mandiant, Google Trust & Safety Feb 2023

Fog Of War: How The Ukraine Conflict Transformed The Cyber Threat Landscape, Threat Analysis Group (Tag), Mandiant, Google Trust & Safety

Copyright, Fair Use, Scholarly Communication, etc.

One year ago, Russia invaded Ukraine. Since then, tens of thousands of people have been killed, millions of Ukrainians have fled and the country has sustained tens of billions of dollars worth of damage. Importantly, this marks the first time that cyber operations have played such a prominent role in a world conflict.

Since the war began, governments, companies, civil society groups, and countless others have been working around the clock to support the Ukrainian people and their institutions. At Google, we support these efforts and continue to announce new commitments and support to Ukraine. This includes a donation of …


Ethical Issues Of The Practice Of National Security Law:Some Observations, Charles J. Dunlap Jr. Jan 2023

Ethical Issues Of The Practice Of National Security Law:Some Observations, Charles J. Dunlap Jr.

Ohio Northern University Law Review

No abstract provided.


The Criminalized State:The International Criminal Court, The Responsibility To Protect,And Darfur, Republic Of Sudan, Matthew H. Charity Jan 2023

The Criminalized State:The International Criminal Court, The Responsibility To Protect,And Darfur, Republic Of Sudan, Matthew H. Charity

Ohio Northern University Law Review

No abstract provided.


Legality Of Autonomous Weapons: Where To Draw The Line?, Nayra Abdeltawab Ibrahim Abdeltawab Jan 2023

Legality Of Autonomous Weapons: Where To Draw The Line?, Nayra Abdeltawab Ibrahim Abdeltawab

Theses and Dissertations

Inspired by Koskenniemi’s work, From Apology to Utopia, this paper attempts to engage in the discussion on the legality of autonomous weapons by showing the conflicting arguments presented by advocates of each side of the debate. The paper does not aim at finding the answer to whether autonomous weapons can be lawfully deployed or not, but rather its main interest is to highlight the indeterminacy within international law that allows both advocates and opponents of banning autonomous weapons to hold to their arguments and legally defend them on basis of the same legal rules used by their adversaries to refute …


A Captive’S Subjectivity, Rebeca J. Blemur Jan 2023

A Captive’S Subjectivity, Rebeca J. Blemur

Theses and Dissertations

The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …


Harmful Speech And The Covid-19 Penumbra, Kenneth Grad, Amanda Turnbull Jan 2023

Harmful Speech And The Covid-19 Penumbra, Kenneth Grad, Amanda Turnbull

Canadian Journal of Law and Technology

We make two central claims in this essay. First, the themes of malinformation have remained remarkably consistent across pandemics. What has changed is only the manner of their spread through evolving technologies and globalization. Thus, as with pandemic preparedness more generally, our failure to take proactive measures reflects a failure to heed the lessons of the past. Second, we argue that the COVID-19 pandemic presents a unique opportunity to tackle online falsehoods and mitigate their impact in the future.

We proceed in three parts. Part one addresses the harmful speech that inevitably follows in pandemic’s wake. We illustrate this through …


White Christian Nationalism Enters The Political Mainstream: Implications For The Roberts Court And Religious Freedom, Stephen M. Feldman Jan 2023

White Christian Nationalism Enters The Political Mainstream: Implications For The Roberts Court And Religious Freedom, Stephen M. Feldman

Seton Hall Law Review

No abstract provided.


Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath Jan 2023

Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath

Pepperdine Law Review

The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …


The Right To Data Encryption, Steven W. Schlesinger, Dr. Shlomit Yanisky-Ravid Jan 2023

The Right To Data Encryption, Steven W. Schlesinger, Dr. Shlomit Yanisky-Ravid

San Diego Law Review

Technology drives our society, and we are data-dependent as a people. Though the legal system in the United States lacks neither basic protections nor methods to address data protection-related issues, this Article proposes an essential and more robust alternative.

This Article introduces the prevalence and reliance on data and stored information, noting the growing need for a better balance between enabling users’ ability to access encryption tools and the threats and concerns from a governmental perspective for malicious use of encryption tools for criminal and terror purposes.

The Article first recounts a brief history of encryption, focusing on its growing …


Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton Jan 2023

Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton

Faculty Journal Articles

This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …


An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson Jan 2023

An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Security And Cyber Defence Realities And Difficulties In Algeria, Kada Aicha Jan 2023

The Security And Cyber Defence Realities And Difficulties In Algeria, Kada Aicha

Journal of Police and Legal Sciences

This research paper aims to shed light on the digital challenge faced by Algeria as it enters the world of the knowledge society, which qualifies it to achieve cybersecurity and cyber defense against various forms and types of security threats, including cyber threats. The researcher used an analytical approach to understand the phenomenon under study and trace its causes, in addition to a case study method to study all aspects of the studied phenomenon and identify the characteristics of the case study - Algeria was chosen as the analysis unit. The study concluded several important results, including:

The deficiency of …


United States Of America As The Global Steward, Grant Fuller Jan 2023

United States Of America As The Global Steward, Grant Fuller

Liberty University Journal of Statesmanship & Public Policy

The principle of subsidiarity states that local communities are best equipped to govern most of their affairs. In an increasingly connected world, this idea gets contested frequently. Since World War II, the world has experienced relative peace due to U.S. precedence. Today, we see U.S. leadership challenged by global players like China, which is doing so in a manner that prioritizes their people and goals. In order to maintain relevance, the United States must revisit trade policy, monetary policy, fiscal policy, and national security policy.


Ihl's Reasonable Military Commander Standard And Culture: Applying The Lessons Of Icl And Ihrl, Jonathan Hasson, Ariel H. Slama Jan 2023

Ihl's Reasonable Military Commander Standard And Culture: Applying The Lessons Of Icl And Ihrl, Jonathan Hasson, Ariel H. Slama

Tulsa Law Review

No abstract provided.


The War Powers Clause: What Is It Good For?, Daniel W. Bryce Jan 2023

The War Powers Clause: What Is It Good For?, Daniel W. Bryce

Tulsa Law Review

No abstract provided.


Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr. Jan 2023

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.


Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann Jan 2023

Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann

West Virginia Law Review

Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may believe that such atrocities only occurred in the past, this belief is unfounded. This Note examines the structural racism that supports Federal Indian Law through treaties with Native nations, racist Supreme Court Indian law opinions, and legislation that allowed the seizure of Native land. The lasting legacy of this structural racism is explored through recent …


Corporate Foreign Policy In War, Kishanthi Parella Jan 2023

Corporate Foreign Policy In War, Kishanthi Parella

Scholarly Articles

On February 24, 2022, Russian troops invaded Ukraine. Over a year later, the war has claimed tens of thousands of lives and led to the displacement of millions. In Spring 2023, both Ukrainian and Russian forces prepared new offensives, while the United States committed to providing Ukraine with military tanks—a move that Russian officials had previously warned would constitute direct involvement in the war. While countries debated how to respond, we also witnessed the privatization of foreign policy as hundreds of companies around the world similarly sought to assist Ukraine or punish Russia using the tools of national foreign policy—humanitarian …


Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover Jan 2023

Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover

Faculty Publications

In response to Russia’s invasion of Ukraine, NATO member states and their allies have imposed “unprecedented,” unilateral economic sanctions to hold Russia accountable, degrade its military capability, and limit its international financial access.1 From the outset, sanctioning states such as the United States have stated that they “designed these sanctions to maximize the long-term impact on Russia and to minimize the impact on [themselves and their] allies.”2 These sanctions on an economic power like Russia “have global economic effects far greater than anything seen before.”3 And there is concern that the unintended consequences of the sanctions will disproportionately harm developing …


"We Don't Know What We Want": The Tug Between Rights And Public Health Online, Jonathan Zittrain Jan 2023

"We Don't Know What We Want": The Tug Between Rights And Public Health Online, Jonathan Zittrain

Duquesne Law Review

Twitter and Facebook boast billions of subscribers, many of whom are real people. The companies are also roundly hated, particularly by tech experts-at least those who follow them for something other than their stock performance.1 Objections to platforms' behavior are commonly expressed as amazement that they could be so obviously and consistently wrong in failing to police awful content their users post. There is also amazement about unobjectionable posts and comments from users that they take down.2 That, in turn, has led to pressure for regulatory initiatives to push the companies into doing what they so clearly ought …


Overview Of The Characteristics Of Tax Havens, Dhammika Dharmapala Jan 2023

Overview Of The Characteristics Of Tax Havens, Dhammika Dharmapala

Coase-Sandor Institute for Law & Economics Research Paper Series

Tax havens have become a subject of great interest among policymakers, scholars and the general public, and are central to many important current policy debates. This chapter provides an overview of the scholarly literature on the characteristics and origins of tax havens. The earlier literature, used cross-country analysis and found evidence that tax havens tend to have stronger governance institutions than comparable nonhaven countries. The more recent literature analyzes the historical origins of tax havens and undertakes longitudinal analysis of their adoption of haven-like laws. This chapter also presents a descriptive analysis of the relationship between tax haven status and …


The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan Jan 2023

The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan

MA Major Research Papers

Drone warfare and artificial intelligence have considerably shaped cybersecurity and international law over the years. The rapid growth of technology has slowly forced entry into the international and domestic affairs of states. How countries conduct surveillance and practice defence does not look the way it did many years ago. One must observe how the rule of law is affected by technological advancement at the international level where many complexities are seen to rise to the surface. Balancing domestic and international law comes into question when drones and artificial intelligence become key components in state affairs that transcend geographical borders. This …


Intelligence, United States Army Jan 2023

Intelligence, United States Army

United States Army: Field Manuals

Intelligence, United States Army Field Manual FM 2-0


Army Targeting, United States Army Jan 2023

Army Targeting, United States Army

United States Army: Field Manuals

Army Targeting, United States Army Field Manual FM 3-60


Legal Support To Operations, United States Army Jan 2023

Legal Support To Operations, United States Army

United States Army: Field Manuals

Legal Support to Operations, United States Army Field Manual FM 3-84


Army Global Missile Defense Operations, United States Army Jan 2023

Army Global Missile Defense Operations, United States Army

United States Army: Field Manuals

Army Global Missile Defense Operations, United States Army Field Manual FM 3-27


Tactics, United States Army Jan 2023

Tactics, United States Army

United States Army: Field Manuals

Tactics, United States Army Field Manual FM 3-90


Reconnaissance And Security Operations, United States Army Jan 2023

Reconnaissance And Security Operations, United States Army

United States Army: Field Manuals

Reconnaissance and Security Operations, United States Army Field Manual FM 3-98


The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Jan 2023

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This article interrogates the ongoing denial and erasure of the legacy of settler-colonialism and White supremacy in the color-lines created by Colorado property law. While Colorado has long been venerated as forward and future thinking, especially when it comes to matters of race relations, its system of property law has structured deeply embedded institutional and systematic racial inequities. In short, property has created a conundrum about how we collectively think of, talk about, and deal with race, its origins, and legacies arising out of settler-colonialism and White supremacy. The color(blind) property conundrum is detailed in three ways in this article. …


The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant Jan 2023

The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant

American University National Security Law Brief

Artificial Intelligence (AI) is enabling rapid technological innovation and is ever more pervasive, in a global technological eco-system lacking suitable governance and absence of regulation over AI-enabled technologies. Australia is committed to being a global leader in trusted secure and responsible AI and has escalated the development of its own sovereign AI capabilities. Military and Defence organisations have similarly embraced AI, harnessing advantages for applications supporting battlefield autonomy, intelligence analysis, capability planning, operations, training, and autonomous weapons systems. While no regulation exists covering AI-enabled military systems and autonomous weapons, these platforms must comply with International Humanitarian Law, the Law of …