National Security, Technology & Law Working Group

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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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Roles and Responsibilities of Information Intermediaries: Fighting Misinformation as a Test Case for a Human Rights–Respecting Governance of Social Media Platforms

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.

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Verified Accountability

by Evelyn Douekvia Aegis Paper Series
Tuesday, September 17, 2019

The way platforms currently conduct content moderation has been delegitimized, and new forms of governance will need to emerge to meet the demands of the moment. Semi-independent and transparent self-regulatory oversight mechanisms offer significant advantages. As the actors closest to the front line, platforms will always need to play a significant role in drawing lines for online speech, given the high-volume, fast-moving and context-dependent nature of the decisions involved.

Featured

Thoughts On Barr And The Mueller Report

by Jack Goldsmithvia Lawfare
Saturday, May 4, 2019

I’ve been in a cave for several weeks crashing to complete my new book, and am only now emerging to read Special Counsel Robert Mueller’s report and the commentary on it. I’ll hopefully have more to say on the report, especially on its legal analysis of criminal obstruction of justice as applied to the president. But for now I want to comment on the reaction to Attorney General William Barr’s handling of the report in his March 24 letter and his May 1 testimony. It seems over the top to me.

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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

Code Warriors: NSA's Codebreakers And The Secret Intelligence War Against The Soviet Union

Wednesday, July 13, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Code Warriors: NSA's Codebreakers And The Secret Intelligence War Against The Soviet Union" on Wednesday, July 13, 2016 from 5:00pm - 7:00pm.

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Analysis and Commentary

Dark Territory: The Secret History Of Cyber War

Wednesday, June 15, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Dark Territory: The Secret History Of Cyber War" on Wednesday, June 15, 2016 from 5:00pm - 7:00pm.

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Constitutionality Of The U.S. Drone War

Wednesday, May 11, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Targeting Americans: Constitutionality Of The U.S. Drone War" on Wednesday, May 11, 2016 from 5:00pm - 7:00pm.

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In the News

Home Sweet Homeland: Lessons For A More Resilient Nation

Tuesday, April 26, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Home Sweet Homeland: Lessons For A More Resilient Nation" on Tuesday, April 26, 2016 from 5:00pm - 7:00pm.

Event
In the News

Using Data To Secure Networks

Thursday, April 14, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Using Data To Secure Networks: Optimizing Individual Privacy While Achieving Strong Security" on Thursday, April 14, 2016 from 12:00pm - 2:00pm. The event video is below.

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In the News

The Hacked World Order

Monday, March 28, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "The Hacked World Order" on Monday, March 28, 2016 from 5:00pm - 7:00pm.

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In the News

American Intelligence In The Age Of Terror

Friday, March 11, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "American Intelligence In The Age Of Terror" on Friday, March 11, 2016 from 5:00pm - 7:00pm. The event video is below.

Event
In the News

Law As A Weapon Of War

Wednesday, February 17, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Law as a Weapon of War" on Wednesday, February 17, 2016 from 5:00pm - 7:00pm. The event was recorded and can be listened to below.

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In the News

The Next Wave Of Surveillance Reform

Monday, January 25, 2016 to Tuesday, January 26, 2016
Hoover Institution, Stanford University

The National Security, Technology, and Law Working Group at the Hoover Institution at Stanford University is hosting a symposium on “The Next Wave of Surveillance Reform,” taking place on January 25 and 26, 2016, at the Hoover Institution in Stanford, CA.

- By Invitation Only -

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In the News

Women Soldiers On The Battlefield

Tuesday, January 19, 2016
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, hosted a discussion on the growing role of women soldiers in special operations and beyond in America's post-9/11 wars on Tuesday, January 19, 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.