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Analysis and Commentary

Finally, US Appears Ready To Battle China's Rampant IP Theft

by Jamil Jaffervia The Hill
Tuesday, August 22, 2017

Last week, President Donald Trump directed U.S. Trade Representative Robert Lighthizer to investigate, among other things, whether China’s laws, policies or practices were harming American intellectual property, innovation and technology. Undoubtedly, Ambassador Lighthizer will come back to the president with a straightforward (and unequivocal) answer: Yes; China is (and has been) robbing us blind.

In the News

U.S., Allies Focus On Cybersecurity At Stanford

featuring Amy Zegart, Michael McFaul, Toomas Hendrik Ilves, William J. Perry, John Villasenor, Hoover Institutionvia Center for International Security And Cooperation (CISAC)
Friday, August 18, 2017

When it comes to cybersecurity, Stanford is the hot spot, especially if you work in national security. On Aug. 18, officials from the U.S. military, National Security Agency, U.S. Cyber Command, Joint Chiefs of Staff, and from countries known as the “Five Eyes,” attended cybersecurity discussions on campus. Most attendees were chief information officers. John Zangardi, the principal deputy chief information officer for the U.S. Department of Defense, led the group.

Analysis and Commentary

Invisible Hands And Iron Fists: Challenges In Regulating The Innovation Economy

by Megan Stifel, Jamil Jaffervia Lawfare
Thursday, August 17, 2017

Have you heard of “Regulators in Cyberia”? No, it’s not the latest thriller on the silver screen. Rather, it’s a white paper recently released by the Federalist Society’s Regulatory Transparency Project that explores the challenges existing regulatory approaches pose to technological innovation.

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How China’s Views on the Law of Jus ad Bellum Will Shape Its Legal Approach to Cyberwarfare

by Julian G. Kuvia Aegis Paper Series
Thursday, August 17, 2017

This paper concludes that the Chinese government has adopted a strict positivist reading of the UN Charter’s limitations on the use of force that brooks no exceptions for humanitarian interventions and with a narrowly construed exception for self defense. Since China has not shown any willingness to abandon this legal approach to the law of jus ad bellum codified in the Charter, it is unlikely that China will embrace the US legal approach to cyberwarfare. Rather, China will probably use its restrictive reading of the UN Charter to garner political support among other countries to criticize and deter offensive US cyberwarfare.  This sharp divide between the US and Chinese legal positions calls into question the efficacy of longstanding US government efforts to convince China to accept and apply international law to cyberwarfare.  

Analysis and Commentary

The Laws Of Mathematics And The Laws Of Nations: The Encryption Debate Revisited

by Herbert Linvia Lawfare
Wednesday, August 16, 2017

Australia is weighing in on the encryption debate regarding exceptional access by law enforcement. 

In the News

Stanford Hosts Cyber Bootcamp For Congressional Staffers

mentioning Hoover Institution, Amy Zegart, Condoleezza Rice, Michael McFaulvia Campus Technology
Tuesday, August 15, 2017

Stanford University is hosting its third annual cyber bootcamp for congressional staffers this week in an effort to bring policy makers up to speed on a group of thorny and accelerating issues with myriad ramifications.

In the News

Exploring Cybersecurity, Capitol Hill-Style

featuring Amy Zegart, Herbert Linvia Center for International Security And Cooperation (CISAC)
Monday, August 14, 2017

As cyber attacks escalate – as reflected in the 2016 Russian meddling in the U.S. election and the 2014 Sony Pictures hacking – the red alert has gone out to Washington D.C. to confront the issue.

To Understand Russian Election Interference, Start with This Movie About Doping

by Benjamin Wittes
Wednesday, August 9, 2017

In 2014, an amateur cyclist named Bryan Fogel had an eccentric idea for a film: He had just participated in a prestigious and grueling alpine stage race called the Haute Route in the Alps and had finished in 14th place. He decided to spend the next year not just training, but also doping. He meant to come back and run the race again the following year. He meant to not get caught for the doping. He expected the doping would vault him into the group of elite leaders who had finished above him.

The Classicist with Victor Davis Hanson:
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The Classicist: Understanding North Korea

interview with Victor Davis Hansonvia The Classicist
Tuesday, August 8, 2017

How to think about the threat from Pyongyang.

Analysis and Commentary

Faculty Paper: Regulators In Cyberia

by Jamil Jaffervia National Security Institute
Monday, August 7, 2017

A team from the Regulatory Transparency Project, including NSI Founder Jamil N. Jaffer and NSI Advisory Board members Stewart Baker and Paul Rosenzweig, recently authored a ground-breaking paper on cyber regulations. The paper highlights the unintended consequences that regulations can have on America’s most dynamic and fastest growing industry: the technology sector. This paper is the first of a series exploring differing viewpoints on regulatory matters. 

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