National Security Law Commons^™

Microsoft Defender Will Be Defended: Memoryranger Prevents Blinding Windows Av, Denis Pogonin, Igor Korkin, Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Windows OS is facing a huge rise in kernel attacks. An overview of popular techniques that result in loading kernel drivers will be presented. One of the key targets of modern threats is disabling and blinding Microsoft Defender, a default Windows AV. The analysis of recent driver-based attacks will be given, the challenge is to block them. The survey of user- and kernel-level attacks on Microsoft Defender will be given. One of the recently published attackers’ techniques abuses Mandatory Integrity Control (MIC) and Security Reference Monitor (SRM) by modifying Integrity Level and Debug Privileges for the Microsoft Defender via syscalls. …

Detection Of Overlapping Passive Manipulation Techniques In Image Forensics, Gianna S. Lint, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

With a growing number of images uploaded daily to social media sites, it is essential to understand if an image can be used to trace its origin. Forensic investigations are focusing on analyzing images that are uploaded to social media sites resulting in an emphasis on building and validating tools. There has been a strong focus on understanding active manipulation or tampering techniques and building tools for analysis. However, research on manipulation is often studied in a vacuum, involving only one technique at a time. Additionally, less focus has been placed on passive manipulation, which can occur by simply uploading …

Fifth-Dimensional Warfare And National Security In Canada: Situating Microdeviation Theory Within C-59: An Act Respecting National Security Matters, Hayden Slight

Theses and Dissertations (Comprehensive)

In an era of rapid technological change, the growing threat environment in the cyber dimension will continue to influence how a sovereign nation contends with attacks that can occur from any corner of the world. The growing adaptation and expansion of technology belonging to the Internet of Things (IoT) and the increasing prevalence of social media (Facebook, Twitter) has also influenced the spreading of attack surfaces that can become victim to exploitation by motivated parties including foreign states and terrorist groups. Against this backdrop, Canada’s own efforts to modernize and reinforce its own national security agencies resulted in the developing …

Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman

Pace International Law Review

No abstract provided.

Intellectual Property & National Security, James Morrison

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman

University of Miami Inter-American Law Review

To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U.S. …

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."

Murky Materiality & Scattered Standards: In Favor Of A More Uniform System Of Sst Disclosure Requirements, Megan Ganley

Fordham Law Review

The Securities and Exchange Commission (SEC) requires corporations to disclose their business in or with state sponsors of terrorism (SSTs). The SEC solicits these disclosures with varying standards arising under several different mechanisms. These mechanisms include the requirements of the materiality standard, the provisions of Regulation S-K, targeted inquiry in individually issued comment letters, and affirmative requirements mandated under specific legislation. Each of these mechanisms requires disclosure of slightly different information regarding SSTs with varying degrees of exactitude. This Note examines the SEC’s current SST disclosure framework, considering the benefits, as well as the criticisms, of these disclosure mandates. This …

Adding Bite To The Zone Of Twilight: Applying Kisor To Revitalize The Youngstown Tripartite, Zachary W. Singer

Michigan Journal of Environmental & Administrative Law

In the half century and more since Justice Jackson’s famous concurrence in Youngstown Sheet & Tube Co. v. Sawyer, the fog surrounding acceptable executive power in national security and foreign affairs has only thickened. Today, whether presidents are responding to the challenges of an amorphous global war on terrorism or a global pandemic, they act against a backdrop of ambiguous constitutional and statutory authorization and shifting precedent. While Justice Jackson outlined zones of presidential power by tying that power to congressional acts, the Court subsequently watered down the test by looking to other factors, like legislative intent. At other …

If You Think Ai Won't Eclipse Humanity, You're Probably Just A Human, Gary D. Brown

William & Mary Bill of Rights Journal

Building machines that can replicate human thinking and behavior has fascinated people for hundreds of years. Stories about robots date from ancient history through da Vinci to the present. Whether designed to save labor or lives, to provide companionship or protection, loyal, capable, productive machines are a dream of humanity.

The modern manifestation of this interest in using human-like technology to advance social interests is artificial intelligence (AI). This is a paper about what that interest in AI means and how it might develop in the world of national security.

This abstract has been adapted from the author's introduction.

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …

Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker

Brooklyn Journal of International Law

Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …

Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes

Brooklyn Journal of International Law

The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …

Sino-Indian Border Disputes In An Era Of Strategic Expansions, Roman Muzalevsky

The US Army War College Quarterly: Parameters

The June 2020 clash between the People’s Republic of China and India in the disputed Ladakh border area resulted from the strategic expansions of both powers. Like two bubbles expanding in a contained space, these expansions were bound to collide and cause friction. This article explains how the expansions precipitated the incident and might exacerbate border disputes in the future. In pondering implications, it recommends Washington pursue a Eurasia-focused policy embracing the disputed region.

The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco

The US Army War College Quarterly: Parameters

Assessing threats to the air littoral, the airspace between ground forces and high-end fighters and bombers, requires a paradigm change in American military thinking about verticality. This article explores the consequences of domain convergence, specifically for the Army and Air Force’s different concepts of control. It will assist US military and policy practitioners in conceptualizing the air littoral and in thinking more vertically about the air and land domains and the challenges of domain convergence.

The Grand Strategic Thought Of Colin S. Gray, Lukas Milevski

The US Army War College Quarterly: Parameters

Colin S. Gray distinguished himself from other scholars in the field of strategic studies with his belief that grand strategy is indispensable, complex, and inherently agential. This article identifies key themes, continuities, conceptual relationships, and potential discontinuities from his decades of grand strategic thought. Gray’s statement that “all strategy is grand strategy” remains highly relevant today, emphasizing the importance of agential context in military environments—a point often neglected in strategic practice.

Parameters Winter 2021, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Broken Nest: Deterring China From Invading Taiwan, Jared M. Mckinney, Peter Harris

The US Army War College Quarterly: Parameters

Deterring a Chinese invasion of Taiwan without recklessly threatening a great-power war is both possible and necessary through a tailored deterrence package that goes beyond either fighting over Taiwan or abandoning it. This article joins cutting-edge understandings of deterrence with empirical evidence of Chinese strategic thinking and culture to build such a strategy.

Defeat Mechanisms In Modern Warfare, Frank Hoffman

The US Army War College Quarterly: Parameters

This article explores the current debate about service and Joint operating concepts, starting with the Army’s multi-domain operations concept. It argues for adaptations to an old operational design technique—defeat mechanisms; updates to Joint and service planning doctrine; and discipline regarding emerging concepts. Rather than debate over attrition versus maneuver, combinations of a suite of defeat mechanisms should be applied to gain victory in the future.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.