National Security Law Commons^™

Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Eu Privacy Law And U.S. Surveillance: Solving The Problem Of Transatlantic Data Transfers, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart

Joint PIJIP/TLS Research Paper Series

No abstract provided.

“Hey Siri, I’M Being Pulled Over.”, Charlene Collazo Goldfield, Gabriela Chambi, Amanda Torres

Joint PIJIP/TLS Research Paper Series

Statistics show that policing disproportionately affects communities of color; police are more likely to use force against Black and brown people.¹ Data from non-violent encounters (e.g., reason for the stop, type of force used, and presence of witnesses) is rarely collected or disregarded altogether.² Video evidence can publicize police violence. Bystander video during George Floyd’s murder led to arrests and a global racial reckoning because it depicted the reality of police encounters for people of color. Although technological advancements have led to positive developments for civilian safety (e.g., body cameras and in-car videos), data collection consistency and accountability …

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi

Brooklyn Journal of Corporate, Financial & Commercial Law

Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …

A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova

Brooklyn Journal of International Law

Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example …

Of Monopolies And Monocultures: The Intersection Of Patents And National Security, Charles Duan

Scholarly Articles in Law Reviews & Journals

It was certainly an odd thing for the Department of Justice attorney arguing for the United States to appear before the Ninth Circuit to tell the appellate judges that a federal agency was wrong. This was what happened in a Federal Trade Commission enforcement action against Qualcomm Inc., a semiconductor technology company. As a substantial holder of patents on mobile communications technologies and also a leading manufacturer of chips used in that same industry, the FTC charged Qualcomm with anticompetitive conduct; the district court agreed and enjoined Qualcomm from certain patent licensing practices. It was that award of injunctive relief …

New Media, Free Expression, And The Offences Against The State Acts, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

New media facilitates communication and creates a common, lived experience. It also carries the potential for great harm on an individual and societal scale. Posting integrates information and emotion, with study after study finding that fear and anger transfer most readily online. Isolation follows, with insular groups forming. The result is an increasing bifurcation of society. Scholars also write about rising levels of depression and suicide that stem from online dependence and replacing analogical experience with digital interaction, as well as escalating levels of anxiety that are rooted in the validation expectation of the ‘like’ function. These changes generate instability …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Cyberattacks And The Constitution, Matthew C. Waxman

Faculty Scholarship

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.

National Cybersecurity Innovation, Tabrez Y. Ebrahim

Faculty Scholarship

National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …

Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives, Asaf Lubin

Articles by Maurer Faculty

תקציר בעברית: הניסיון של המחוקק הישראלי להביא להסדרה מפורשת של סמכויות השב״כ במרחב הקיברנטי משקף מגמה רחבה יותר הניכרת בעולם לעיגון בחקיקה ראשית של הוראות בדבר פעולות פצחנות מצד גופי ביון ומודיעין ורשויות אכיפת חוק למטרות איסוף מודיעין לשם סיכול עבירות חמורות, ובייחוד עבירות טרור אם בעבר היו פעולות מסוג אלה כפופות לנהלים פנימיים ומסווגים, הרי שהדרישה לשקיפות בעידן שלאחר גילויי אדוארד סנודן מחד והשימוש הנרחב בתקיפות מחשב לביצוע פעולות חיפוש וחקירה לסיכול טרור מאידך, מציפים כעת את הדרישה להסמכה מפורשת. במאמר זה אבקש למפות הן את השדה הטכנולוגי והן את השדה המשפטי בכל האמור בתקיפות מחשבים למטרות ריגול ומעקב. …

The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland

Catholic University Journal of Law and Technology

Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …

Examining The Anomalies, Explaining The Value: Should The Usa Freedom Act’S Metadata Program Be Extended?, Susan Landau, Asaf Lubin

Articles by Maurer Faculty

Edward Snowden’s disclosure of National Security Agency (“NSA”) bulk collection of communications metadata was a highly disturbing shock to the American public. The intelligence community was surprised by the response, as it had largely not anticipated a strong negative public reaction to this surveillance program. Controversy over the bulk metadata collection led to the 2015 passage of the USA FREEDOM Act. The law mandated that the intelligence community would collect the Call Detail Records (“CDR”) from telephone service providers in strictly limited ways, not in bulk, and only under order from the Foreign Intelligence Surveillance Court. The new program initially …

Media Literacy Beyond The National Security Frame, Lili Levi

Articles

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Defining Critical Infrastructure For A Global Application, Colleen M. Newbill

Indiana Journal of Global Legal Studies

A Google search for the phrase "critical infrastructure" turns up 189 million results in little more than a half second: ''global critical infrastructure" has 151 million results; and "definition of critical infrastructure" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders …

The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan

Brooklyn Journal of International Law

Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …

Different Problems Require Different Solutions: How Air Warfare Norms Should Inform Ihl Targeting Law Reform & Cyber Warfare, Christian H. Robertson Ii

University of Michigan Journal of Law Reform

On February 19, 2018, United Nations Secretary-General Antonio Guterres claimed that he was “absolutely convinced” that “the next war will begin with a massive cyber-attack to destroy military capacity . . . and paralyze basic infrastructure.” The Secretary-General’s greatest concern, however, is that he believes “there is no regulatory scheme for that type of warfare, it is not clear how the Geneva Convention or international humanitarian law applies to it.” Although Additional Protocol I to the Geneva Conventions (AP I) targeting laws generally identify who and what States may target in war, it expressly limits itself to attacks affecting people …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez

Catholic University Journal of Law and Technology

This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …

The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara

Catholic University Journal of Law and Technology

As society becomes more technology driven, legal issues continue to arise around the world. From privacy to national security, technology develops at a rate the law simply cannot keep up with. In the United States, one of the biggest legal issues is how the new risks technology brings will interfere with our individual liberties.

Technologies like three-dimensional (“3D”) printing have transformed everything from lifesaving surgeries to gun manufacturing. This technology has led to a whole new way of communicating via computer coding, with the online open source movement leading innovation by allowing for the sharing and editing of files freely. …

Artificial Intelligence Is Here, Get Ready!, Jessica G. Martz

Catholic University Journal of Law and Technology

No one is certain whether Artificial Intelligence (“AI”) will make the future a better place or make it look like an apocalyptic Hollywood blockbuster. An opinion that is emerging among experts and nation-state leaders is that the nation-states that lead in AI advancements and implementation will likely have a greater influence on and power over the world economic and national security stages. The goal of this book review is to encourage the reader to enter the conversation about the role AI will play in global society and American life because AI will influence the job market in the near future. …