Digital Commons Network^™

The Inadequacies Of The Cybersecurity Information Sharing Act Of 2015 In The Age Of Artificial Intelligence, Bert Lathrop

UC Law Journal

The relentless accumulation of private consumer information through online services has dramatically expanded the attack surface available to cyber-criminals and belligerent state actors looking to either enrich themselves or disrupt digital service operations. In response to this growing threat and despite sharp criticism from privacy advocates, Congress passed the Cybersecurity Information Sharing Act of 2015 (CISA) with the aim of enabling private parties and the federal government to better protect themselves through improved availability of cyber threat intelligence. This intelligence is generally derived from organizations’ observations of activity on their systems and networks. CISA authorizes private entities, and state, local, …

Reading Halakhah As A Secularist, Sanford Levinson

Villanova Law Review (1956 - )

No abstract provided.

Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard H. Weisberg

Villanova Law Review (1956 - )

No abstract provided.

Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell

Notre Dame Journal of International & Comparative Law

State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule …

Collective Countermeasures In Cyberspace, Jeff Kosseff

Notre Dame Journal of International & Comparative Law

The president of Estonia, Kersti Kaljulaid, has supported the use of collective countermeasures in response to cyberspace crimes. Collective countermeasures would allow an uninjured state to provide guidance or carry out countermeasures on behalf of another state. This Article advocates for collective countermeasures in cyberspace so long as the operations are carefully executed and subject to the same restrictions as individual countermeasures. This Article further finds for the following in favor of limited forms of collective countermeasures: (1) the highly interconnected nature of threats in cyberspace; (2) states with more sophisticated cyber capabilities can leverage for comparative advantages; (3) states …

Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood

Notre Dame Journal of International & Comparative Law

Since its utilization has become widespread, the potential of the Internet has often been overshadowed by the harms it’s capable of bringing upon society. Regulation has not yet properly addressed the harms presented to individuals’ cybersecurity and the U.K. has focused and set objectives at a national security level, while ignoring the effects of attacks on individual citizens. This Article considers whether it is possible to create a domestic legal response to transnational cyberattacks and the appropriateness of law to address the threats, as they exist. The law must be efficient, effective, and fair, which are all aims it may …

The Sound Of Freedom At Naval Air Station Whidbey: Environmental Impact Review Under The National Historic Preservation Act And National Environmental Policy Act, James K. Kelly

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Ministries Of Truth: Free Speech And The Tech Giants, Clayton Calvin

The Journal of Business, Entrepreneurship & the Law

As the tech giants’ influence has grown, they have increasingly become arbiters of truth. This comment explores three methods for lessening their authority over digital speech. Antitrust, adjustment of the companies’ “neutral platform” status, and even creative use of First Amendment could each serve its role. At the same time, the First Amendment rights of the companies themselves pose a barrier, justifiably, to each method. To remain true to its founding ideals, America must lessen this private grip on civic discourse without expanding the government’s dominion over it.

Protecting The States From Electoral Invasions, Drew Marvel

William & Mary Bill of Rights Journal

Since the 2016 U.S. presidential election, the threat of foreign interference in U.S. elections has loomed large in the minds of the American public. During the 2016 campaign season, Russian government-backed hackers infiltrated the networks and computers of the Democratic National Committee (DNC), the Democratic Congressional Campaign Committee (DCCC), and various campaign officials, harvesting private information and installing spyware and malware for ongoing intelligence purposes. U.S. intelligence officials have indicated that, using similar tactics, the Russian hackers also targeted election systems and officials in all fifty states, successfully breaching at least two of those states’ election systems, Illinois and Florida. …

"When The Enemy Drew Our Attention": Reconsidering Prior Restraint In The Context Of Dual Use Research Of Concern, Caine Caverly

William & Mary Bill of Rights Journal

Through 2016 and 2017, a team led by Canadian virologist David Evans, and funded by an American pharmaceutical company, attempted to synthesize the previously extinct horsepox virus. After just six months and an expenditure of $100,000, the research team was able to successfully construct the virus “using only commercially available information, technology and tools.” In January of 2018, the team went on to publish their information in an American-based journal, PLOS ONE.

The publication was controversial because it included a potential “blueprint” for the synthesis of a genetic strand in the same viral family as the highly lethal, albeit eradicated, …

The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski

Georgia Journal of International & Comparative Law

No abstract provided.

State-Sponsored Ransomware Through The Lens Of Maritime Piracy, Evans F. Horsley

Georgia Journal of International & Comparative Law

No abstract provided.

Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali

Santa Clara Journal of International Law

Coming to a Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’s Impact on Proportionality

Turkey And The United States On The Brink: Implications For Nato And The Us-Turkish Strategic And Military Partnership, Kamal A. Beyoghlow

Books, Monographs & Collaborative Studies

This monograph analyzes the current political tensions between the United States and Turkey and suggests ways to manage them. The two countries have been strategic allies since at least the end of World War II—Turkey became a North Atlantic Treaty Organization member and participated with its military forces in the Korea War, and during the Cold War protected NATO’s southern flank against Soviet communism, and Turkey’s military and intelligence services maintained close relationships with their Western and Israeli counterparts. These relationships were not without problems, due mostly to differences over minority and civil rights in Turkey and over Turkey’s invasion …

Protecting Against An Unable President: Reforms For Invoking The 25th Amendment And Overseeing Presidential Nuclear Launch Authority, Louis Cholden-Brown, Daisy De Wolff, Marcello Figueroa, Kathleen Mccullough

Reports

The immense powers of the presidency and the vast array of global threats demand a physically and mentally capable president. To help ensure able presidential leadership, this report advocates reforms related to the 25th Amendment, including proposals for an “other body” to act with the vice president in certain circumstances to declare the president unable and a mechanism for officials to report concerns about the president’s capacity. The report also recommends new checks on the president’s authority to use nuclear weapons, such as procedures for notifying top national security officials when use is contemplated.

This report was researched and written …

Abolishing Racist Policing With The Thirteenth Amendment, Brandon Hasbrouck

Scholarly Articles

This Essay was also published online at 67 UCLA L. Rev. Disc. 200 (2020).

Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today continues to protect and serve the racial hierarchy blessed by the Constitution itself. But a string of U.S. Supreme Court rulings involving the Thirteenth Amendment offers Congress a tool with which to target institutions that have preserved social, political, and official norms associated with slavery. In those cases, the Supreme Court held that Congress has broad enforcement …

Ethics And Execution: Investigating The Death Penalty In Relation To Mental Health, Elizabeth Hall

Online Blog

No abstract provided.

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel

Articles

The last few years have seen an explosion in the number and size shared of micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact. This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many …

Applied Artificial Intelligence In Modern Warfare And National Security Policy, Brian Seamus Haney

UC Law Science and Technology Journal

Artificial Intelligence (AI) applications in modern warfare have revolutionized national security power dynamics between the United States, China, Russia, and the private industry. The United States has fallen behind in military technologies and is now at the mercy of big technology companies to maintain peace. After committing $150 billion toward the goal of becoming the AI technology world leader, China claimed success in 2018. In 2019, Chinese researchers published open-source code for AI missile systems controlled by deep reinforcement learning algorithms. Further, Russia’s continued interference in United States’ elections has largely been driven by AI applications in cybersecurity. Yet, despite …

Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds

Tennessee Law Review

No abstract provided.

An Economic Analysis Of Cyber Warfare Governance Models, Kevin M. Kelleher

Electronic Theses and Dissertations

Allusions to death delivered by bits and bytes have been in vogue since the Reagan administration. Yet, as the internet and its connected devices have since proliferated, cyber violence remains far more fiction than fact. Nevertheless, prominent U.S. officials have all but assured the eventuality of a devastating attack. In anticipation, political, legal, and industry experts are now seeking to codify and inculcate international norms to govern acts of war prosecuted via cyberspace. Two of the most prominent governance models to emerge are the Tallinn Manual and Microsoft’s Digital Geneva Convention. The driving thesis of this research argues that within …

National Security And Judicial Ethics: The Exception To The Rule Of Keeping Judicial Conduct Judicial And The Politicization Of The Judiciary, Joshua E. Kastenberg

Faculty Scholarship

This article is divided into three sections, and it incorporates original research from the personal correspondences of several judges and justices. This article includes unpublished correspondences from various judicial collections at the Library of Congress, the Bentley Historical Library at the University of Michigan, the Washington and Lee School of Law’s special collections, the Richard Nixon and Ronald Reagan Presidential Libraries, the National Library of Australia in Canberra, and Canada’s National Archives in Ottawa. The first section analyzes the current framework governing judicial disqualification based on the separation of powers doctrine as well as the right to an impartial judiciary, …

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 2014-2018, Stefanie S. Pearlman, Keelan A. Weber

Marvin and Virginia Schmid Law Library: Faculty Publications

This bibliography lists faculty scholarship from 2014-2018. It updates A Bibliography of University of Nebraska College of Law Faculty Scholarship 1892–2013. This bibliography includes publications from law, law library, and law clinical faculty. It also includes assistant deans, faculty with courtesy appointments at the College of Law, and visiting faculty teaching at the College of Law for three or more years. Although we did not include the scholarship of faculty who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes.

Contents:

Bibliography of Law Faculty Scholarship, 2014-2018 …

Availability's Law, Ido Kilovaty

Tennessee Law Review

Cybersecurity incidents affecting the availability of computers, networks, and data are on the rise. Distributed denial-of-service and ransomware attacks can bring down critical systems and databases, making them unavailable when most needed, potentially affecting every individual, industry, sector, and branch of government. This Article critically evaluates cybersecurity law's gap in addressing the growing threat of availability attacks to information technology systems. While cybersecurity law is defined as the legal framework that "promotes the confidentiality, integrity, and availability of public and private information, systems, and networks ... ." this Article argues that cybersecurity law is overwhelmingly concerned with confidentiality and integrity, …

"Assault Weapon" Lethality, E. Gregory Wallace

Tennessee Law Review

No abstract provided.

Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds

Scholarly Works

Today, many institutional arrangements reached in the mid-twentieth century are being rethought and renegotiated. One such arrangement involves libel, and the responsibility of publishers for harm they cause via defamation. In his recent concurrence to the denial of certiorari in the case of McKee v. Cosby, Justice Clarence Thomas called for the Supreme Court to revisit the constitutional protections for publishers of libelous material, arguing that the existing arrangement, dating to New York Times Co. v.Sullivan and its progeny, is out of date and unsupported by the Constitution. As even some left-leaning scholars note, he may have a point, and …

Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren

Articles

An agency's culture shapes its lawmaking. Under certain conditions, agency culture dominates decision-making so strongly that it mutes the influence of those factors that administrative law scholars have traditionally focused on including presidential will, judicial oversight, internal resistance, and public opinion. We call this undertheorized phenomenon "zealous administration." The immigration enforcement bureaucracy has vast discretion to remove unauthorized immigrants from the United States. Current immigration policies-such as indiscriminate deportation, family separation, and harsh detention-represent the most prominent example of zealous administration in the federal government. This Article focuses on that bureaucracy to plumb the causes and effects of zealous administration …

“Judicial Role” And Judicial Duty In Foreign Affairs, Ryan Williams

Faculty Scholarship

No abstract provided.

Fire Support And Field Artillery Operations, United States Army

United States Army: Field Manuals

Fire Support and Field Artillery Operations, United States Army Field Manual FM 3-09

Army Aviation, United States Army

United States Army: Field Manuals

Army Aviation, United States Army Field Manual FM 3-04