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Adapting To The Cyber Domain: Comparing US And UK Institutional, Legal, And Policy Innovations

by Robert Chesneyvia Aegis Paper Series
Tuesday, May 25, 2021

This article explores the origins and evolution of the institutional, policy, and legal frameworks that define the defensive and offensive aspects of UK and US cyber strategies. There is a strong degree of convergence, particularly from a defense perspective, but there are also important variations, especially in the degree to which the countries’ most capable operators—the National Security Agency and the Government Communications Headquarters—are integrated into non-intelligence activities.

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“Defend Forward” And Sovereignty

by Jack Goldsmith, Alex Loomisvia Aegis Paper Series
Thursday, April 29, 2021

This essay argues that the discrete rules articulated in the commentary accompanying Rule 4 of the Tallinn Manual 2.0 regarding state sovereignty in cyberspace do not reflect customary international law. It considers the validity of the Rule 4 commentary primarily in the context of the United States’ “defend forward” strategy for disrupting cyber threats.

EssaysAnalysis and Commentary

Chinese Technology Platforms Operating In The United States

by Gary P. Corn, Jennifer Daskal, Jack Goldsmith, John C. "Chris" Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewartvia Hoover Institution Press
Thursday, February 11, 2021

The Trump administration took various steps to effectively ban TikTok, WeChat, and other Chinese-owned apps from operating in the United States, at least in their current forms. The primary justification for doing so was national security. Yet the presence of these apps and related internet platforms presents a range of risks not traditionally associated with national security, including data privacy, freedom of speech, and economic competitiveness, and potential responses raise multiple considerations. This report offers a framework for both assessing and responding to the challenges of Chinese-owned platforms operating in the United States.

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Cyberattack Attribution As Empowerment And Constraint

by Kristen E. Eichensehrvia Aegis Paper Series
Friday, January 15, 2021

When a state seeks to respond to a cyberattack, must it first attribute the attack to the perpetrator responsible? This essay explores the international and US domestic laws governing cyberattack attribution and argues that attribution to another state can bolster the US executive branch’s authority to act pursuant to its Defend Forward policy and, conversely, that the absence of attribution can place the executive on less certain legal footing.

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U.S. Cyber Command's First Decade

by Michael Warnervia Lawfare
Tuesday, December 8, 2020

United States Cyber Command (USCYBERCOM) turned ten years old in 2020. It is a unique institution—a military command that operates globally in real time against determined and capable adversaries and yet never fires a shot or launches a missile. The Command comprises an amalgam of military, intelligence, and information technology capabilities that came together into its present shape more by design than by fortuitous chance. That design, however, was itself a work in progress.

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US Cyber Command’s First Decade

by Michael Warnervia Aegis Paper Series
Thursday, December 3, 2020

United States Cyber Command (USCYBERCOM) has implemented the theory that advanced states must operate in cyberspace at scale using military entities. The command’s growth and progress followed debates over that vision and its refinement through offensive and defensive operations. USCYBERCOM actively influenced these debates and by 2020 had become an integral element in national defense, helping shape events and force design in both friendly and adversary nations.

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Cyberattacks And The Constitution

by Matthew C. Waxmanvia Aegis Paper Series
Wednesday, November 11, 2020

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers—and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.

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Due Diligence And The U.S. Defend Forward Cyber Strategy

by Eric Talbot Jensen, Sean Wattsvia Lawfare
Tuesday, October 20, 2020

As its name implies, the 2018 US Department of Defense Defend Forward strategy is principally reactive. The strategy assumes that the United States will continue to suffer harm from competitors and malign actors through cyberspace. Accordingly, it outlines US reactions in order to preempt threats, defeat ongoing harm, and deter future harm. 

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Due Diligence And The US Defend Forward Cyber Strategy

by Eric Talbot Jensen, Sean Wattsvia Aegis Paper Series
Thursday, October 15, 2020

This paper analyzes the international law principle of due diligence and its potential role in the United States’ emerging Defend Forward cyber strategy. The authors begin with a brief review of due diligence and recount recent efforts to apply due diligence in cyberspace. They then review past US experience with due diligence and conclude that renewed recognition of this principle might complement the Defend Forward strategy in cyberspace, if appropriately tailored.

Analysis and Commentary

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

by Gary P. Cornvia Lawfare
Thursday, September 24, 2020

If information is power, then the corruption of information is the erosion, if not the outright usurpation, of power. This is especially true in the information age, where developments in the technological structure and global interconnectedness of information and telecommunications infrastructure have enabled states to engage in malicious influence campaigns at an unprecedented scope, scale, depth, and speed. 

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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

Security By The Book With John J. Mearsheimer

Tuesday, October 9, 2018
Hoover Institution, Washington DC

The Hoover Institution hosted "Security by the Book with John J. Mearsheimer" on Tuesday, October 9, 2018 from 5:30pm - 6:30pm EST.

Event
In the News

Security By The Book: Habeas Corpus In Wartime With Amanda Tyler

Monday, May 14, 2018
Hoover Institution, Washington DC

The Hoover Institution hosted "Security by the Book: Habeas Corpus in Wartime with Amanda Tyler" on Monday, May 14, 2018 from 5:00pm - 6:30pm EST.

Event
In the News

A Discussion Of Tim Maurer's New Book: Cyber Mercenaries

Thursday, April 5, 2018
Hoover Institution, Washington DC

The Hoover Institution hosted "A Discussion of Tim Maurer's New Book: Cyber Mercenaries" on Thursday, April 5, 2018 from 5:30pm - 7:00pm EST.

Event
In the News

Security By The Book Featuring Amy Chua

Tuesday, March 13, 2018
Hoover Institution, Washington DC

The Hoover Institution hosted "Security by the Book featuring Amy Chua" on Tuesday, March 13, 2018 from 5:00pm - 7:00pm EST.

Event
In the News

Security By The Book: Max Boot's New Book, "The Road Not Taken"

Wednesday, February 28, 2018
Hoover Institution, Washington DC

The Hoover Institution hosted "Security by the Book: Max Boot's new book, 'The Road Not Taken,'" on Wednesday, February 28, 2018 from 5:00pm - 7:00pm EST.

Event
In the News

Listening In: Cybersecurity In An Insecure Age

Wednesday, November 1, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "Listening In: Cybersecurity in an Insecure Age" on Wednesday, November 1, 2017 from 5:00pm - 7:00pm EST.

Event
Featured

The Internationalists: How A Radical Plan To Outlaw War Remade The World

Monday, September 11, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "The Internationalists: How a Radical Plan to Outlaw War Remade the World" on Monday, September 11, 2017 from 5:00pm - 7:00pm EST.

Event

Technology Giants, Sovereign Power, And Surveillance

Wednesday, July 26, 2017
Hoover Institution, Washington DC

The Hoover Institution’s Working Group on National Security, Technology, and Law hosts a conference on July 26, 2017 titled, Technology Giants, Sovereign Power, and Surveillance.

Event
In the News

Destined For War: Can America And China Escape Thucydides's Trap?

Wednesday, July 12, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "Destined for War: Can America and China Escape Thucydides's Trap?" on Wednesday, July 12, 2017 from 5:00pm - 7:00pm EST.

Event
In the News

The Ideas Industry: How Pessimists, Partisans, And Plutocrats Are Transforming The Marketplace Of Ideas

Thursday, June 15, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "The Ideas Industry: How Pessimists, Partisans, and Plutocrats are Transforming the Marketplace of Ideas" on Thursday, June 15, 2017 from 5:00pm - 7:00pm EST.

Event

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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.