Abstract: More and more often, the Foreign Sovereign Immunities Act (FSIA) has protected cyberattack-conducting state actors and their cybersecurity contractors from legal liability and suits brought by victims seeking redress in US courts. Adam Silow argues that it is time for foreign sovereign immunity to receive an update for the digital era. State-sponsored cyberattacks and their … Continue reading Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability →The post Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability appeared first on Journal of National Security Law & Policy. PubDate: Fri, 24 Jun 2022 20:11:41 +000
Abstract: In an era where “economic security is national security,” China’s growing economic power presents America with a distinct challenge. Will Moreland looks to America’s response to suggest that the Biden administration is returning to an earlier “Rooseveltian” conception of national security—one which appreciates that a healthy American middle class is essential to defending democracy. Moreland … Continue reading FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security →The post FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security appeared first on Journal of National Security Law & Policy. PubDate: Fri, 24 Jun 2022 20:02:54 +000
Abstract: Article 37 of the Uniform Code of Military Justice (UCMJ) prohibits unlawful command influence (UCI) in military prosecutions. The prohibition of UCI, Vincent A. Marrazzo argues, is a critical component of the military justice system, ensuring both fairness and public confidence in the military prosecution process. Marrazzo contends, however, that the Court of Appeals for … Continue reading Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine →The post Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine appeared first on Journal of National Security Law & Policy. PubDate: Fri, 24 Jun 2022 19:52:07 +000
Abstract: The United States is under a growing and constant threat of cyberattack. US cybersecurity strategy has evolved in response, adapting to the new threat climate by committing US Cyber Command to more aggressive and persistent peacetime cyber operations. However, the Department of Defense Cyber Mission Force (CMF) has been stretched thin attempting to carry out … Continue reading Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations →The post Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations appeared first on Journal of National Security Law & Policy. PubDate: Fri, 24 Jun 2022 19:32:58 +000
Abstract: As conflicts continue to be fought in countries far from the United States, it is of increasing importance that our government have the ability to train and equip foreign personnel to ensure global security. To this end, Congress enacted Section 1202 of the 2018 National Defense Authorization Act, enabling the Department of Defense to spend … Continue reading By, With, And Through: Section 1202 and the Future of Unconventional Warfare →The post By, With, And Through: Section 1202 and the Future of Unconventional Warfare appeared first on Journal of National Security Law & Policy. PubDate: Fri, 24 Jun 2022 19:19:20 +000
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