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The International Legal Dynamics Of Encryption

by Ashley Deeksvia Aegis Paper Series
Tuesday, October 11, 2016

To date there has been little international coordinated action to address encryption, though interest is growing. This paper looks at encryption through five different international lenses: human rights, law enforcement, intelligence, economics, and export controls. 

Decryption Mandates And Global Internet Freedom

by Adam I. Kleinvia Aegis Paper Series
Monday, September 26, 2016

The potential international effects of a domestic decryption mandate have been a significant factor in the debate over U.S. encryption policy.  Some fear that a U.S. decryption mandate would empower authoritarian regimes and would clash with the United States’ international Internet-freedom agenda.

Attribution of Malicious Cyber Incidents: From Soup to Nuts

by Herbert Linvia Aegis Paper Series
Monday, September 19, 2016

Attribution of malicious cyber activities is a deep issue about which confusion and disquiet can be found in abundance. Attribution has many aspects—technical, political, legal, policy, and so on. This paper distinguishes between attribution of malicious cyber activity to a machine, to a specific human being pressing the keys that initiate that activity, and to a party that is deemed ultimately responsible for that activity.

Go Big, Go Global: Subject the NSA ’s Overseas Programs to Judicial Review

by Timothy Edgarvia Aegis Paper Series
Thursday, June 30, 2016

Congress should use the debate over section 702 of the Foreign Intelligence Surveillance Act to think big.  Section 702 brings some NSA programs directed at foreign targets under judicial review, showing such review is feasible even for complex programs of transnational surveillance.

Hacking Back Without Cracking Up

by Jeremy Rabkin, Ariel Rabkinvia Aegis Paper Series
Tuesday, June 28, 2016

Malicious hackers, often under the protection of hostile foreign states, have engaged in massive data theft from U.S. business firms and private institutions.  Intelligence agencies predict the problem will get worse. 

Reflections on Secrecy and the Press from a Life in Journalism

by Walter Pincusvia Aegis Paper Series
Wednesday, June 8, 2016

Looking back over 60 years of experience with classified information as a journalist who also briefly served in Army counterintelligence in the 1950s and ran two investigations for the Senate Committee on Foreign Relations in the 1960s, the author reviews the longstanding conflict between the media and government.

In Defense of FAA Section 702

by John C. "Chris" Inglis, Jeff Kosseffvia Aegis Paper Series
Tuesday, April 26, 2016

An Examination of Its Justification, Operational Employment, and Legal Underpinnings. The authors argue that Congress should reject calls to repeal or amend Section 702 of the FISA Amendments Act.

Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance

by Mieke Eoyangvia Aegis Paper Series
Wednesday, April 6, 2016

This paper examines the need for reforming the Foreign Intelligence Surveillance Act (FISA) Amendments Act from the perspective of the technology and communications industries. After reviewing the gatekeeper role that industry has played in previous statutes governing national security electronic surveillance, it recommends three specific reforms...

Trends and Predictions in Foreign Intelligence Surveillance: The FAA and Beyond

by David S. Krisvia Aegis Paper Series
Thursday, February 25, 2016

Beginning in 2013, Edward Snowden’s leaks caused the U.S. government to significantly reduce the scope, and increase the transparency, of its foreign intelligence surveillance, while the President urged caution and restraint in response to the extraordinary rise of the Islamic State of Iraq and the Levant (ISIL).

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Aegis explores legal and policy issues at the intersection of technology and national security.  Published in partnership with the Lawfare Blog, it features long-form essays of the Hoover Institution National Security, Technology and Law Working Group (the Aegis Paper Series), examines major new books in the field, and carries podcasts and videos or the working group’s events in Washington and Stanford.