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Full-Text Articles in Law
Unpacking The International Law On Cybersecurity Due Diligence: Lessons From The Public And Private Sectors, Scott J. Shackelford
Unpacking The International Law On Cybersecurity Due Diligence: Lessons From The Public And Private Sectors, Scott J. Shackelford
Scott Shackelford
Although there has been a relative abundance of work done on exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to their respective private sectors. The International Court of Justice (“ICJ”) has not yet explicitly considered this topic, though it has ruled in the Corfu Channel case that one country’s territory should not be “used for acts that unlawfully harm other States.” But …
On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems, Scott J. Shackelford
On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems, Scott J. Shackelford
Scott Shackelford
Although the atmosphere and cyberspace are distinct arenas, they share similar problems of overuse, difficulties of enforcement, and the associated challenges of collective inaction and free riders. Moreover, “[m]illions of actors affect the global atmosphere[,]” just as they do the Internet. With weather patterns changing, global sea levels rising, and temperatures set to exceed 1.5 degrees Celsius by 2100, climate change is a problem affecting the entire world, but one in which the benefits are dispersed and the harms are often concentrated. Similarly, much of the cost of cyber attacks is focused in a relatively small number of nations even …
Proactive Cybersecurity: A Comparative Industry And Regulatory Analysis, Scott J. Shackelford, Amanda Craig, Janine Hiller
Proactive Cybersecurity: A Comparative Industry And Regulatory Analysis, Scott J. Shackelford, Amanda Craig, Janine Hiller
Scott Shackelford
This Article analyzes recent business realities and regulatory trends shaping the proactive cybersecurity industry. To provide a framework for our discussion, we begin by describing the historical development of the industry and how it has been shaped by the applicable law in the United States and other G8 nations. We then catalogue the proactive cybersecurity practices of more than twenty companies, focusing on four case studies that we consider in the context of polycentric “global security assemblages.” Finally, we assess the emergence of proactive cybersecurity norms, both within industry and international law, and consider the implications of this movement on …
Sustainable Cybersecurity: Applying Lessons From The Green Movement To Managing Cyber Attacks, Scott J. Shackelford, Tim Fort
Sustainable Cybersecurity: Applying Lessons From The Green Movement To Managing Cyber Attacks, Scott J. Shackelford, Tim Fort
Scott Shackelford
According to Frank Montoya, the U.S. National Counterintelligence Chief, “We’re an information-based society now. Information is everything. That makes . . . company executives, the front line – not the support mechanism, the front line – in [determining] what comes.”[1] Chief Montoya’s remarks underscore the central role played by the private sector in ongoing efforts aimed at enhancing cybersecurity, much like the increasingly vital role firms are playing in fostering sustainability. For example, according to Accenture surveys, the number of managers who consider sustainability to be critical to the future success of their organizations jumped from fifty to more …
Toward A State-Centric Cyber Peace? Analyzing The Role Of National Cybersecurity Strategies In Enhancing Global Cybersecurity, Scott J. Shackelford, Andraz Kastelic
Toward A State-Centric Cyber Peace? Analyzing The Role Of National Cybersecurity Strategies In Enhancing Global Cybersecurity, Scott J. Shackelford, Andraz Kastelic
Scott Shackelford
There is a growing consensus that nations bear increasing responsibility for enhancing cybersecurity. A related recent trend has been the adoption of long-term strategic plans to help deter, protect, and defend against cyber threats. These national cybersecurity strategies outline a nation’s core values and goals in the realm of cybersecurity law and policy, from mitigating cybercrime and espionage to preparing for cyber warfare. This Article assesses the notion that nations bear the primary responsibility for managing cyber attacks and mitigating cybercrime by analyzing thirty-four national cybersecurity strategies as a vehicle to discover governance trends that could give rise to customary …
Toward Cyber Peace: Managing Cyber Attacks Through Polycentric Governance, Scott Shackelford
Toward Cyber Peace: Managing Cyber Attacks Through Polycentric Governance, Scott Shackelford
Scott Shackelford
Views range widely about the seriousness of cyber attacks and the likelihood of cyber war. But even framing cyber attacks within the context of a loaded category like war can be an oversimplification that shifts focus away from enhancing cybersecurity against the full range of threats now facing companies, countries, and the international community. Current methods are proving ineffective at managing cyber attacks, and as cybersecurity legislation is being debated in the U.S. Congress and around the world the time is ripe for a fresh look at this critical topic. This Article searches for alternative avenues to foster cyber peace …
Governing The Final Frontier: A Polycentric Approach To Managing Space Weaponization And Debris, Scott Shackelford
Governing The Final Frontier: A Polycentric Approach To Managing Space Weaponization And Debris, Scott Shackelford
Scott Shackelford
Effective space governance has become increasingly important to spacefaring and non-spacefaring powers alike given the interrelated problems of space weaponization and debris management, but thus far the applicable legal regimes remain amorphous and outdated. For example, the 1967 Outer Space Treaty (OST) establishes space as being free from national appropriation, while setting out certain property rights. But legal ambiguities persist, such as regarding what weapons are permitted in space since the military use of space has not been forbidden, only the placement of weapons of mass destruction in orbit and the establishment of military bases on the moon or other …
Fragile Merchandise: A Comparative Analysis Of The Privacy Rights For Public Figures, Scott Shackelford
Fragile Merchandise: A Comparative Analysis Of The Privacy Rights For Public Figures, Scott Shackelford
Scott Shackelford
Over a century after Warren and Brandeis first presented the right to U.S. jurists for their consideration, privacy has become a central player in U.S. law. But nations around the world, in particular the common and civil law nations of Europe that share similar legal cultures with the United States, are grappling with how best to strike a balance between the competing rights of privacy and freedom of expression—both of which are critical to the functioning of democratic society. Existing literature has not fully drawn from this reservoir of international experience to inform the debate about U.S. privacy rights. This …
Was Selden Right? The Expansion Of Closed Seas And Its Consequences, Scott Shackelford
Was Selden Right? The Expansion Of Closed Seas And Its Consequences, Scott Shackelford
Scott Shackelford
This Article focuses on the relationship between the legal regimes governing offshore resources in the continental shelves and the deep seabed, particularly in reference to the extent to which continental shelf claims are encroaching on the deep seabed. The question of how well these respective legal regimes regulate resource exploitation will also be considered, along with an analysis of the underlying reasons driving change in these governance structures. I argue that the primary issue is one of whether vague rules, particularly UNCLOS Article 76, are working in terms of incentivizing sustainable, peaceful development of offshore resources.
From Nuclear War To Net War: Analogizing Cyber Attacks In International Law, Scott James Shackelford
From Nuclear War To Net War: Analogizing Cyber Attacks In International Law, Scott James Shackelford
Scott Shackelford
On April 27, 2007, Estonia was attacked by a computer network causing widespread damage. It is currently unclear what legal rights a state has as a victim of a cyber attack. Even if Estonia could conclusively prove that it was Russia, for example, behind the March 2007 attack, could it respond with force or its own cyber attack? There is a paucity of literature dealing with these questions, as well as the ethical, humanitarian, and human rights implications of information warfare (“IW”) on national and international security. Treatments of IW outside the orthodox international humanitarian law (“IHL”) framework are nearly …
In The Name Of Efficiency, Scott Shackelford
In The Name Of Efficiency, Scott Shackelford
Scott Shackelford
India, the most populous and diverse democracy in the world, has a legal system to match. This system, a composition of ancient Hindi panchayats (village assemblies), Islamic law, and a formal British judiciary, has long been under immense strain, stifling economic competiveness and the pursuit of justice alike. As Lord Delvin famously quipped “If our business methods were as antiquated as our legal methods we should be a bankrupt country.” There are currently nearly 25 million cases pending in Indian courts, some of which have been appealed and argued for more than 20 years. Meanwhile, India spends only .2 percent …
The Tragedy Of The Common Heritage Of Mankind, Scott Shackelford
The Tragedy Of The Common Heritage Of Mankind, Scott Shackelford
Scott Shackelford
No abstract provided.
The Tragedy Of The Common Heritage Of Mankind, Scott James Shackelford
The Tragedy Of The Common Heritage Of Mankind, Scott James Shackelford
Scott Shackelford
No abstract provided.
The Tragedy Of The Common Heritage Of Mankind, Scott James Shackelford
The Tragedy Of The Common Heritage Of Mankind, Scott James Shackelford
Scott Shackelford
No abstract provided.