National Security, Technology & Law Working Group

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Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention

by Gary P. Cornvia Aegis Paper Series
Friday, September 18, 2020

The Digital Revolution and the evolution of the information environment have ushered in an unprecedented era of information conflict, with revisionist states using hostile, disinformation-based influence campaigns to subvert democratic governance and the rule of law. International law has struggled to keep pace. This essay argues for an interpretation of international law that would consider strategic, covert deception as a form of prohibited coercion in violation of the rule of nonintervention.

Analysis and Commentary

Persistent Aggrandizement? Israel's Cyber Defense Architecture

by Elena Chachkovia Lawfare
Monday, August 31, 2020

Since 2011, the Israeli government has worked to centralize and streamline cyber defense authorities and responsibilities. It has established a new civilian national security agency to oversee cybersecurity preparedness and monitor and respond to cyber threats. The government has also advanced comprehensive draft legislation in broad consultation with a variety of relevant stakeholders from the private sector and civil society to regulate the authorities and operations of that new agency.

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Persistent Aggrandizement? Israel’s Cyber Defense Architecture

by Elena Chachkovia Aegis Paper Series
Wednesday, August 26, 2020

This essay compares Israel’s cyber defense architecture and recent reform with key concepts in current US strategy: Defend Forward and Persistent Engagement. It finds that the Israeli equivalent to Defend Forward is far less regulated than its US parallel, and that the Israeli version of Persistent Engagement at home allows domestic action and harnesses the private sector in ways that the US approach does not contemplate.

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The Domestic Legal Framework For U.S. Military Cyber Operations

by Robert Chesneyvia Lawfare
Wednesday, August 5, 2020

Conventional wisdom holds that Congress has abandoned its duty regarding the government’s war powers. It is not hard to understand why. Between the agelessness and flexibility of the 2001 and 2002 Authorizations for Use of Military Force (AUMFs) and periodic unilateral uses of military force in Libya, Syria, and Iraq, the executive branch appears to act largely at its own discretion when it comes to conventional military operations.

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Defend Forward And Cyber Countermeasures

by Ashley Deeksvia Aegis Paper Series
Tuesday, August 4, 2020

Understanding when and how states may lawfully deploy countermeasures is critical for states operating in the cyber arena—not only to understand their own options when injured but also to anticipate the responses that their cyber activities may trigger from other states. This essay examines the role that countermeasures may play in the US cyber strategy of Defend Forward and argues that some states are developing a lex specialis of cyber countermeasures.

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The Domestic Legal Framework for US Military Cyber Operations

by Robert Chesneyvia Aegis Paper Series
Wednesday, July 29, 2020

With little fanfare, Congress and the executive branch have cooperated effectively over the past decade to build a legal architecture for military cyber operations. The resulting framework is not a familiar one to most observers, especially when compared to the parallel frameworks associated with conventional military operations and with intelligence activities. Yet it is no less important and worthy of study, particularly in light of the Pentagon’s commitment to the “defend forward” operational model.

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Aegis: Security Policy In Depth

via Aegis Paper Series
Wednesday, May 27, 2020

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

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The Discourse Of Control And Consent Over Data In EU Data Protection Law And Beyond

by Elettra Biettivia Aegis Paper Series
Friday, January 10, 2020

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. 

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The Discourse of Control and Consent over Data in EU Data Protection Law and Beyond

by Elettra Biettivia Aegis Paper Series
Wednesday, January 8, 2020

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. Yet the entrenched long-term focus on users’ control and consent fails to protect consumers who face increasingly intrusive data collection practices.   

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Roles And Responsibilities Of Information Intermediaries

by Wolfgang Schulzvia Aegis Paper Series
Thursday, November 14, 2019

While many countries have initially opted to give online platforms a “safe harbor,” for speech, we are now witnessing trends to weaken that protection. In Europe, this includes the creation of regulatory regimes that aim at reducing misinformation and that specifically address the role of social media platforms and other information intermediaries. Regulatory attempts such as the German Network Enforcement Act (NetzDG) can serve as an example. The paper analyzes those approaches from a human-rights perspective and argues that the platforms’ ability to assess the context of content plays a major role in determining whether “new school regulation” sets proportional limits to freedom of speech.

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Aegis on Lawfare

 
Aegis explores legal and policy issues at the intersection of technology and national security.  Published in partnership with Lawfare, it features long-form essays of the working group, examines major new books in the field, and carries podcasts and videos or the working group’s events in Washington and Stanford.

Security by the Book Podcasts

The Security by the Book podcast series features monthly interviews with authors of important, new national security-oriented books and publications.

In the News

Oppose Any Foe: The Rise Of America's Special Operations Forces

Wednesday, May 3, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "Oppose Any Foe: The Rise of America's Special Operations Forces" on Wednesday, May 3, 2017 from 5:00pm - 7:00pm EST. 

Event
In the News

The Way Of The Strangers: Encounters With The Islamic State

Tuesday, March 28, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "The Way of the Strangers: Encounters with the Islamic State" on Tuesday, March 28, 2017 from 5:00pm - 7:00pm EST.

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U.S-China Relations: Cyber and Technology

Tuesday, March 14, 2017
Hoover Institution, Stanford University

The Hoover Institution’s Working Group on National Security, Technology, and Law hosted a conference on March 14-15, 2017 titled, U.S.-China Relations: Cyber and Technology, which focused on the future of conflict and cooperation between China and the United States in the realm of cyber and technology. The goal of the event was to foster a rich and wide-ranging discussion geared toward producing practical ideas and recommendations of immediate usefulness for Washington policymakers and lawmakers.

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In the News

Cybersecurity In The Trump Administration: What Should We Expect?

Wednesday, February 22, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "Cybersecurity in the Trump Administration: What Should We Expect?" on Wednesday, February 22, 2017 from 11:00am - 3:00pm EST. 

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In the News

How America Lost Its Secrets

Wednesday, February 1, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted a discussion on "How America Lost its Secrets" with author Edward Epstein on Wednesday, February 1, 2017 from 5:00pm - 7:0pm EST. 

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In the News

The Drone Memos

Monday, January 9, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "The Drone Memos" on Monday, January 9, 2017 from 5:00pm - 7:00pm EST. 

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In the News

Company Confessions: Secrets, Memoirs, And The CIA

Wednesday, December 7, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Company Confessions: Secrets, Memoirs, and the CIA" on Wednesday, December 7, 2016 from 5:00pm - 7:00pm EST. 

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In the News

Soldiers On The Homefront: The Domestic Role Of The American Military

Monday, November 14, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Soldiers on the Homefront: The Domestic Role of the American Military" on Monday, November 14, 2016 from 5:00pm - 7:00pm. 

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In the News

The President's Book Of Secrets: The Untold Story Of Intelligence Briefings To America's Presidents From Kennedy To Obama

Thursday, October 13, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "The President's Book of Secrets: The Untold Story of Intelligence Briefings to America's Presidents from Kennedy to Obama" on Thursday, October 13, 2016 from 5:00pm - 7:00pm. 

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In the News

How Everything Became War And The Military Became Everything: Tales From The Pentagon

Wednesday, September 28, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "How Everything Became War And The Military Became Everything: Tales From The Pentagon" on Wednesday, September 28, 2016 from 5:00pm - 7:00pm. 

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The Jean Perkins Foundation Working Group on National Security, Technology, and Law brings together national and international specialists with broad interdisciplinary expertise to analyze how technology affects national security and national security law and how governments can use that technology to defend themselves, consistent with constitutional values and the rule of law.

The group will focus on a broad range of interests, from surveillance to counterterrorism to the dramatic impact that rapid technological change—digitalization, computerization, miniaturization, and automaticity—are having on national security and national security law. Topics include cybersecurity, the rise of drones and autonomous weapons systems, and the need for and dangers of state surveillance. The group’s output will also be published on the Lawfare blog, which covers the merits of the underlying legal and policy debates of actions taken or contemplated to protect the nation and the nation’s laws and legal institutions.

Jack Goldsmith is the chair of the Jean Perkins Foundation Working Group on National Security, Technology, and Law.