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Wikileaks and the Institutional Framework for National Security Disclosures
THE YALE LAW JOURNAL PATRICIA L. BELLIA WikiLeaks and the Institutional Framework for National Security Disclosures ABSTRACT. WikiLeaks' successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers' decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks' defenders. The Supreme Court's decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm. The lessons of the PentagonPapers case for WikiLeaks, however, are more complicated than they may first appear. The Court's per curiam opinion masks areas of substantial disagreement as well as a number of shared assumptions among the Court's members. Specifically, the Pentagon Papers case reflects an institutional framework for downstream disclosure of leaked national security information, under which publishers within the reach of U.S. law would weigh the potential harms and benefits of disclosure against the backdrop of potential criminal penalties and recognized journalistic norms. The WikiLeaks disclosures show the instability of this framework by revealing new challenges for controlling the downstream disclosure of leaked information and the corresponding likelihood of "unintermediated" disclosure by an insider; the risks of non-media intermediaries attempting to curtail such disclosures, in response to government pressure or otherwise; and the pressing need to prevent and respond to leaks at the source. AUTHOR. -
Wikileaks, the First Amendment and the Press by Jonathan Peters1
WikiLeaks, the First Amendment and the Press By Jonathan Peters1 Using a high-security online drop box and a well-insulated website, WikiLeaks has published 75,000 classified U.S. documents about the war in Afghanistan,2 nearly 400,000 classified U.S. documents about the war in Iraq,3 and more than 2,000 U.S. diplomatic cables.4 In doing so, it has collaborated with some of the most powerful newspapers in the world,5 and it has rankled some of the most powerful people in the world.6 President Barack Obama said in July 2010, right after the release of the Afghanistan documents, that he was “concerned about the disclosure of sensitive information from the battlefield.”7 His concern spread quickly through the echelons of power, as WikiLeaks continued in the fall to release caches of classified U.S. documents. Secretary of State Hillary Clinton condemned the slow drip of diplomatic cables, saying it was “not just an attack on America's foreign policy interests, it [was] an attack on the 1 Jonathan Peters is a lawyer and the Frank Martin Fellow at the Missouri School of Journalism, where he is working on his Ph.D. and specializing in the First Amendment. He has written on legal issues for a variety of newspapers and magazines, and now he writes regularly for PBS MediaShift about new media and the law. E-mail: [email protected]. 2 Noam N. Levey and Jennifer Martinez, A whistle-blower with global resonance; WikiLeaks publishes documents from around the world in its quest for transparency, L.A. -
An Oft Overlooked Response Option to Hostile Cyber Operations
The Plea of Necessity: An Oft Overlooked Response Option to Hostile Cyber Operations Louise Arimatsu and Michael N. Schmitt 97 INT’L L. STUD. 1171 (2021) Volume 97 2021 Published by the Stockton Center for International Law ISSN 2375-2831 The Plea of Necessity Vol. 97 The Plea of Necessity: An Oft Overlooked Response Option to Hostile Cyber Operations Louise Arimatsu∗ and Michael N. Schmitt∗∗ CONTENTS I. Introduction ........................................................................................... 1172 II. Uncertainty and Limitations in the Law of Self-Defense ............... 1175 III. Uncertainty and Limitations in the Law of Countermeasures ....... 1179 IV. Necessity as a Response Option ......................................................... 1181 A. Threshold .................................................................................... 1183 B. Limitations................................................................................... 1191 C. Assistance by Other States? ...................................................... 1194 D. Geography ................................................................................... 1197 V. Concluding Thoughts ........................................................................... 1198 ∗ Distinguished Policy Fellow, Centre for Women, Peace and Security, London School of Economics. ∗∗ Professor of International Law, University of Reading; Francis Lieber Distinguished Scholar, U.S. Military Academy at West Point; Charles H. Stockton Distinguished Scholar- in-Residence, -
Stuxnet, Schmitt Analysis, and the Cyber “Use-Of-Force” Debate
Members of International Telecommunications Union and UN Institute for Training and Research confer on cyber security UN (Jean-Marc Ferré) UN (Jean-Marc Stuxnet, Schmitt Analysis, and the Cyber “Use-of-Force” Debate By ANDREW C. FOLTZ All Members shall refrain in ne of the many seemingly advance the specific criteria states will use in intractable legal issues sur- making such determinations. their international relations rounding cyberspace involves As discussed in this article, several ana- from the threat or use of force O whether and when peacetime lytic frameworks have been developed to help against the territorial integ- cyber operations constitute a prohibited use of assess when cyber operations constitute a use force under Article 2(4) of the United Nations of force.3 One conclusion these frameworks rity or political independence (UN) Charter. Notwithstanding a significant share is that cyber operations resulting in of any state, or in any other body of scholarly work on this topic and physical damage or injury will almost always manner inconsistent with extensive real-world examples from which to be regarded as a use of force. When these draw, there is no internationally recognized frameworks were developed, however, there the Purposes of the United definition of a use of force.2 Rather, what has were few, if any, examples of peacetime, state- Nations. emerged is a general consensus that some sponsored cyber coercion. More importantly, cyber operations will constitute a use of force, the prospect of cyber attacks causing physical —Article 2(4), Charter of the but that it may not be possible to identify in damage was largely theoretical.4 Beginning United Nations1 Lieutenant Colonel Andrew C. -
Cyber Warfare: Surviving an Attack
14 Cyber Warfare: Surviving an Attack By Devabhaktuni Srikrishna Cyberspace is a new domain of warfare. Created to minimize the vulnerability of United States communications networks to a crippling nuclear first strike by the Soviet Union, the Internet that was originally envisioned to enhance U.S. security is turning into a battlefield 1 for nations or sub-national groups to launch virally spreading attacks 2 and induce network failures potentially involving critical infrastructure systems.3 Cyber warfare and cyberoffense 4 have been a part of U.S. military operations for decades.5 Treaties and rules of engagement define what is off-limits during a cyberwar.6 The more vulnerable the system is, the more policy is necessary to deter adversarial nations from launching attacks, and vice-versa. Some cyberattacks are analogous to air forces probing one anotherʼs defenses or perhaps to espionage during the Cold War, which occurred though there was no official war and no physical harm. Cyberespionage largest recent cyberattacks in their book, but due to a gap in theory and practice. operations of China, for example, against the United States and its allies Cyber War: The Next Threat to National Organizations are vulnerable to the extent have been going on for years and will Security and What to Do About It. Once a they want to be and to how much they want never really end.7 virus or malware is inadvertently to spend to address vulnerabilities. 14 And downloaded onto a networked personal cyber vulnerabilities can be completely U.S. Air Force General Kevin Chilton, computer (PC) by a user9, the PC can be eliminated -- unlike conventional, nuclear, former Commander-in-Chief of commandeered to perform cyberattacks chemical, or biological which are permanent Strategic Command, has stated that ranging from electronic banking crimes, vulnerabilities due to laws of nature. -
Wikileaks: a Guide for American Law Librarians*
LAW LIBRARY JOURNAL Vol. 104:2 [2012-20] WikiLeaks: A Guide for American Law Librarians* James p. Kelly, Jr.** In posting confidential and classified information, WikiLeaks has become one of the world’s most controversial web sites. This paper examines the federal law concerning WikiLeaks and the use of WikiLeaks as an information source. It raises questions librarians must ask themselves as technology advances and leaks continue. Background . .246 Legal Troubles. .248 Financial Troubles . .249 The Espionage Act. 250 New York Times Co. v. United States. .251 United States v. Rosen. .253 Other Relevant Statutes . .254 18 U.S.C. § 641. 254 50 U.S.C. § 421. 254 18 U.S.C. § 1030(a)(1). 254 Prosecuting WikiLeaks Under Current Law. .254 Proposed Legislation. 255 Cases Involving WikiLeaks. .257 A Host of Research Problems. .258 The Congressional Research Service and the Library of Congress. 258 Reliability and Moral Quandaries. .259 Conclusion . 261 ¶1 WikiLeaks has become one of the world’s most controversial web sites. In posting confidential and classified information from governments, businesses, and organizations around the world, it has become a target for those in power. Others have vigorously defended the web site, saying it promotes and defends the ideals of a free press and free speech that are vital to democracy. For librarians generally, WikiLeaks represents a new source for information that might otherwise be unavailable. However, how this information was acquired can present significant legal and ethical problems for its users. ¶2 This article examines WikiLeaks from a legal and a library perspective. While the legal status or problems of WikiLeaks in other countries is occasionally * © James P. -
Designation of North Korea As a State Sponsor of Cyberterrorism, On
Science and Technology Law Review Volume 18 Number 4 Article 3 2015 Designation of North Korea as a State Sponsor of CyberTerrorism, On Justin L. Koplow Follow this and additional works at: https://scholar.smu.edu/scitech Recommended Citation Justin L. Koplow, Designation of North Korea as a State Sponsor of CyberTerrorism, On, 18 SMU SCI. & TECH. L. REV. 405 (2015) https://scholar.smu.edu/scitech/vol18/iss4/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Science and Technology Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. On Designation of North Korea as a State Sponsor of CyberTerrorism Justin L. Koplow* I. INTRODUCTION There are ample reasons to be wary of labeling an event an act of "cyberterrorism." For too long the term has been employed as both a dodge and a hustle; the former by those who minimize the importance of investing in cybersecurity until confronted with a "cyber 9/11" and the latter by those fear-mongering beyond all reasonable limits to obtain enormous sums of se- curity dollars., While clearly one must watch his wallet either way when "cyberterrorism" is invoked, what is less clear is the meaning of the term, itself. Indeed, although coined some thirty years ago, cyberterrorism has many definitions, which means it really has no single accepted definition. The basics seem clear enough-use of computer networks to perpetrate harm and incite terror-but the devil is in the details. -
Spying and Fighting in Cyberspace: What Is Which?
Spying and Fighting in Cyberspace: What is Which? Gary Brown* INTRODUCTION Traditionally, espionage has inhabited a niche between order and chaos. States have recognized the existence of espionage and enacted domestic legisla- tion to prohibit it, but international law is silent on the subject.1 On the other hand, States accept espionage as part of the business of international relations and are generally tolerant of it. That may be changing, however. Cyberspace, especially the Internet, has become an integral part of everyday life. The use of cyberspace for espionage has generated difficult discussions about the nature of cyberspace, the extent of national sovereignty, and the importance of individual privacy, among other issues, all of which are relevant in a conversation about espionage. This article focuses on another issue, which is the overlap of espionage and aggressive cyber operations. Confusion about the intent behind an intrusion could lead to a misreading of aggressive intent, unnecessary escalation of tensions, or a false sense of security in the opening act of significant cyber aggression. This article also discusses the United States’ stance on dividing espionage into categories depending on the purpose. Rapid improvements in computer technology and techniques, as well as the exponential rise in the amount of data stored online, have driven a closer look at the subject of cyber espionage, in particular how it differs from traditional methods of spying. The speed of access and exfiltration in cyber espionage operations can rapidly result in libraries of information, dwarfing the informa- tion that can be obtained through more traditional methods of espionage.2 Although some of the issues discussed here are also relevant in traditional espionage operations, they have seemed less so in the past. -
Wikileaks Files Show the CIA Repurposing Hacking Code to Save Time, Not to Frame Russia
3/10/2017 WikiLeaks Files Show the CIA Repurposing Hacking Code To Save Time, Not To Frame Russia WIKILEAKS FILES SHOW THE CIA REPURPOSING HACKING CODE TO SAVE TIME, NOT TO FRAME RUSSIA Kim Zetter March 8 2017, 2:28 p.m. Photo: Martin H. Simon/Press Pool/Getty Images Attributing hacking attacks to the correct perpetrators is notoriously difficult. Even the U.S. government, for all its technical resources and expertise, took warranted criticism for trying to pin a high-profile 2014 https://theintercept.com/2017/03/08/wikileaks-files-show-the-cia-repurposing-foreign-hacking-code-to-save-time-not-to-frame-russia/?utm_source=Passcode+Subscrib… 1/7 3/10/2017 WikiLeaks Files Show the CIA Repurposing Hacking Code To Save Time, Not To Frame Russia cyberattack on North Korea, and more recently faced skepticism when it blamed Russia for hacks against top Democrats during the 2016 election. In those cases, government officials said they based their attribution in part on software tools the hackers employed, which had been used in other cyberattacks linked to North Korea and Russia. But that sort of evi- dence is not conclusive; hackers have been known to intentionally use or leave behind software and other distinctive material linked to other groups as part of so-called false flag operations intended to falsely impli- cate other parties. Researchers at Russian digital security firm Kaspersky Lab have documented such cases. On Tuesday, Wikileaks published a large cache of CIA documents that it said showed the agency had equipped itself to run its own false-flag hacking operations. -
An Interview with DAN BRICKLIN and BOB FRANKSTON OH 402
An Interview with DAN BRICKLIN AND BOB FRANKSTON OH 402 Conducted by Martin Campbell-Kelly and Paul Ceruzzi on 7 May 2004 Needham, Massachusetts Charles Babbage Institute Center for the History of Information Technology University of Minnesota, Minneapolis Copyright, Charles Babbage Institute Dan Bricklin and Bob Frankston Interview 7 May 2004 Oral History 402 Abstract ABSTRACT: Dan Bricklin and Bob Frankston discuss the creation of VisiCalc, the pioneering spreadsheet application. Bricklin and Frankston begin by discussing their educational backgrounds and experiences in computing, especially with MIT’s Multics system. Bricklin then worked for DEC on typesetting and word-processing computers and, after a short time with a small start-up company, went to Harvard Business School. After MIT Frankston worked for White Weld and Interactive Data. The interview examines many of the technical, design, and programming choices in creating VisiCalc as well as interactions with Dan Fylstra and several business advisors. Bricklin comments on entries from his dated notebooks about these interactions. The interview reviews the incorporation of Software Arts in 1979, then describes early marketing of VisiCalc and the value of product evangelizing. There is discussion of rising competition from Mitch Kapor’s 1-2-3 and the steps taken by Fylstra’s software publishing company Personal Software (later VisiCorp). Part II of the interview begins with Bricklin and Frankston’s use of a Prime minicomputer to compile VisiCalc’s code for the Apple II computer. There is discussion of connections to Apple Computer and DEC, as well as publicity at the West Coast Computer Faire. The two evaluate the Fylstra essay, reviewing the naming of VisiCalc and discussing the division of labor between software developers and Fylstra as a software publisher. -
Ray Ozzie Class of 1973
Maine South Distinguished Alumni Ray Ozzie Class of 1973 • Chief Software Architect of Microsoft • Creator of Lotus Notes • Director of Hewlett-Packard • Founder of Talko • Co-Founder of Safecast Ray Ozzie began his high school education in 1969, the first time Maine students were afforded access to something quite new and exciting: the computer. Ray jumped at the opportunity to program this new GE-400 mainframe, and thus his career’s journey toward the fusion between technological devices and the services they provide began. With his bachelor’s degree in computer science in hand, Ray relocated to Boston in 1979 and worked on early mini- and micro-computer operating systems. He moved on to shape the very first electronic spreadsheet, VisiCalc, and later led the development of the groundbreaking product for email and collaboration, Lotus Notes, now used by hundreds of millions worldwide. By the turn into the new millennium, Ray’s vision had evolved from developing tools for making swift calculations to creating integrated applications that facilitate users’ ability to collaborate, think creatively, gather information, and develop solutions. By 2006, he had joined Bill Gates at Microsoft who then chose Ray to succeed him as the company’s Chief Software Architect. Five years later Ray stepped down to found Talko, a company that delivers new solutions for mobile communications and collaboration. Currently, he is also serving as a director of Hewlett-Packard. Ray’s lifelong belief in the positive potential of technology emerged when the 2011 earthquake shook Japan. Recognizing the nuclear threat at the Fukushima Power Plant, he co-founded Safecast, a collaborative that empowers people by unifying freely available data gathered from networks of sensors mapping radiation levels. -
BRICKLIN on TECHNOLOGY Groundbreaking Work Was a Key Catalyst of the PC Revolution
“ As co-creator of VisiCalc, the fi rst computerized spreadsheet, Dan Bricklin literally created the PC industry. BRICKLIN To a student of software, VisiCalc is the embodiment of so many novel and important ideas in software, “ Few have contributed more than Dan to making computing technology a part of our everyday lives. lessons which are still relevant today.” This book is rich in history — fi lled with the stories and unique insights of a software pioneer whose BRICKLIN groundbreaking work was a key catalyst of the PC revolution. Although he describes himself simply as a —Joel Spolsky, Joel on Software ‘toolmaker,’ Dan’s work over the years, and his understanding of the relationship between people and machines, show him to be one of the master craftsmen of the information age.” “ Nobody knows more than Dan about what technology is, where it’s been and where it’s going. If I only had one —Ray Ozzie, Chief Software Architect, Microsoft book of technology in my library, this would be it.” —Doc Searls, coauthor, The Cluetrain Manifesto “ Dan Bricklin was one of the fi rst programmers to focus more on what’s in the user’s head than on what’s in the programmer’s head. VisiCalc foreshadowed the single most important idea: Don’t ‘tell’ the computer what you want; show it! Dan Bricklin . is still showing rather than telling, and in this anecdotal yet insightful book, he does another excellent job of it. .” —Esther Dyson, EDventure Holdings ON TECHNOLOGY “ Fascinating history, fascinating insights, fascinating perspective — all solidly grounded in what makes technology work for normal human beings.