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The Futile Effort to Determine When a Cyber Incident Becomes an Armed Attack
Alex Grigsby is the assistant director for the Digital and Cyberspace Policy program at the Council on Foreign Relations. As Adam mentioned the other day, the Sony hack highlighted the fact that even...
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A Red Cross for Cyberspace Is a Novel Idea, but Would it Work?
Alex Grigsby is the assistant director for the Digital and Cyberspace Policy program at the Council on Foreign Relations. Tim Maurer and Duncan Hollis from the New America Foundation published a piece...
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The Right to Privacy in the Digital Age: Where Do Things Stand?
The UN Human Rights Council has convened for its 28th regular session, and its agenda includes revisiting Snowden-sparked debates about the right to privacy in international law. In explaining his...
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The Relationship Between the Biological Weapons Convention and Cybersecurity
Today, the Biological Weapons Convention (BWC)—the first treaty to ban an entire class of weapons—marks the 40th anniversary of its entry into force. Reflections on this milestone will examine the...
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Cyber War Crimes: Islamic State Atrocity Videos Violate the Laws of War
The videos disseminated online by the self-proclaimed Islamic State of the murder of captured persons have become grisly icons of this group’s infamy. These depictions of the slaughter of individuals...
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The UN GGE on Cybersecurity: How International Law Applies to Cyberspace
This week, Net Politics is taking a look at the work of the UN Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security,...
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The Global Forum on Cyber Expertise: Its Policy, Normative, and Political...
The big idea emerging from the Global Conference on Cyberspace 2015—the latest iteration of the London Process—is the Global Forum on Cyber Expertise (GFCE). According to The Hague Declaration, the...
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International Perspectives on Regulating Military Cyber Activity
Ashley Deeks is an associate professor at the University of Virginia Law School. She formerly served in the State Department’s Office of the Legal Adviser and was an international affairs fellow at the...
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The Policy Implications of Hacking the Hacking Team
The irony of Hacking Team—an Italian company that sells surveillance software—being hacked (or as Wired put it, “disemboweled”) is delicious, especially given Hacking Team’s denials it sold to...
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Cyber Norm Development and the Protection of Critical Infrastructure
In cybersecurity, protecting critical infrastructure has long been important. In the early days of this policy area, the Clinton administration identified the need to protect critical infrastructure...
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Cyberspace’s Other Attribution Problem
Benjamin Brake is an international affairs fellow at the Council on Foreign Relations and a foreign affairs analyst in the Bureau of Intelligence and Research at the U.S. Department of State. The views...
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The 2015 GGE Report: Breaking New Ground, Ever So Slowly
Alex Grigsby is the assistant director for the Digital and Cyberspace Policy program at the Council on Foreign Relations. As Politico noted in June, the United Nations Group of Governmental Experts on...
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Bad News: Cyber Norms Probably Won’t Constrain Cyber Conflict
Brian M. Mazanec is an adjunct professor at George Mason University. His book, The Evolution of Cyber War: International Norms for Emerging-Technology Weapons, will be published by Potomac Books next...
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U.S.-China Cyber Deal Takes Norm Against Economic Espionage Global
For years, the United States has argued that economic espionage by governments is wrong and should stop. The U.S. government became more vocal about this position as the Internet provided means for...
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The Proposed Snowden Treaty: More of the Same Rather than Really Radical
When I first saw “the Snowden treaty” in a tweet, I thought it was from The Onion. Wrong, and inexcusable for a guy who published The Snowden Reader. In September, Snowden and his supporters announced...
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The TPP’s Electronic Commerce Chapter: Strategic, Political, and Legal...
Release of the text of the Trans-Pacific Partnership agreement (TPP) has launched the “tale of two treaties” saga so familiar when new trade and investment agreements appear—it is the best of treaties,...
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Send in the Malware: U.S. Cyber Command Attacks the Islamic State
At the end of February, Secretary of Defense Ashton Carter told a House subcommittee that U.S. Cyber Command (CYBERCOM) is conducting offensive operations against the Islamic State. This statement went...
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The TTIP Leaks and the Future of Electronic Commerce in International Trade Law
Greenpeace’s disclosure of negotiating documents concerning the proposed Transatlantic Trade and Investment Partnership (TTIP) agreement between the United States and the European Union (EU) has...
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A Legal Arms Race Threatens the Future of the Internet
Bertrand de La Chapelle and Paul Fehlinger are the co-founders of the global multistakeholder policy network Internet & Jurisdiction. On the Internet, 17th century principles of Westphalian...
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The Cyber Act of War Act: A Proposal for a Problem the Law Can’t Fix
In a Wall Street Journal op-ed this week, Senator Mike Rounds argued the United States urgently needs “a clear and concise definition of when an attack in cyberspace constitutes an act of war.” To...
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