Muutke küpsiste eelistusi

United States' Defend Forward Cyber Strategy: A Comprehensive Legal Assessment [Kõva köide]

Volume editor (Learned Hand Professor of Law, Harvard Law School)
  • Formaat: Hardback, 372 pages, kõrgus x laius x paksus: 241x159x25 mm, kaal: 653 g
  • Ilmumisaeg: 04-Apr-2022
  • Kirjastus: Oxford University Press Inc
  • ISBN-10: 0197601790
  • ISBN-13: 9780197601792
  • Formaat: Hardback, 372 pages, kõrgus x laius x paksus: 241x159x25 mm, kaal: 653 g
  • Ilmumisaeg: 04-Apr-2022
  • Kirjastus: Oxford University Press Inc
  • ISBN-10: 0197601790
  • ISBN-13: 9780197601792
In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US--possessor of the world's most powerful cyber arsenal--responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace--albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and
threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.

Arvustused

The Department of Defense's shift in 2018 to a posture of persistence in operations and forward cyber defense is an important step toward achieving better national cybersecurity. The United States' Defend Forward Cyber Strategy is an indispensable contribution to understanding this novel strategic approach and the important, related questions raised at the intersection of domestic and international law and policy. The essays in this volume, written by leading experts from the academy and the U.S. government, tackle these questions with unique expertise and exceptional insight. They provide invaluable guidance for ensuring the U.S. can defend forward in cyberspace consistent with its commitment to the rule of law. * Admiral (retired) Michael S. Rogers, Former Director, National Security Agency and Commander, U.S. Cyber Command * America's Defend Forward cyber strategy is a momentous change in the approach to cyber conflict that has, to date, been under analyzed. This new groundbreaking volume begins that inquiry. It is the first thorough and thoughtful account of the legal underpinnings of Defend Forward. The analysis is of such high quality that it will, no doubt, be the baseline examination that defines the field for years to come. * Paul Rosenzweig, Former Deputy Assistant Secretary for Policy, Department of Homeland Security * Goldsmith's volume offers a welcome tour d'horizon of the domestic, international, and comparative legal issues associated with the United States' Defend Forward strategy and the tactics of persistent engagement that support it. With chapters by leading government and academic experts, this book surveys key legal restraints and authorities under the U.S. Constitution and other domestic laws as well as all the relevant international legal topics such as sovereignty, intervention, counter-measures, and attribution. Supplemented by comparisons to Israeli and U.K. approaches, the result is not simply an introduction to an under-explored topic, but a lastingand significantcontribution to the field. * Duncan B. Hollis, Laura H. Carnell Professor of Law, Temple Law School *

Acknowledgments vii
Contributors ix
List of Abbreviations
xi
Introduction 1(10)
Jack Goldsmith
PART I BACKGROUND
1 Defend Forward and Persistent Engagement
11(13)
Gary P. Corn
Emily Goldman
2 Scenarios for Defend Forward
24(9)
Gary P. Corn
Peter Renals
3 US Cyber Command's First Decade
33(34)
Michael Warner
PART II DOMESTIC FRAMEWORK
4 The Domestic Legal Framework for US Military Cyber Operations
67(25)
Robert M. Chesney
5 Cyberattacks and Constitutional Powers
92(22)
Matthew C. Waxman
6 Defend Forward and the FBI
114(37)
James Baker
Matt Morris
PART III INTERNATIONAL LAW FRAMEWORK
7 Defend Forward and Sovereignty
151(30)
Jack Goldsmith
Alex Loomis
8 Defend Forward and Cyber Countermeasures
181(23)
Ashley Deeks
9 Covert Deception, Strategic Fraud, and the Rule of Prohibited Intervention
204(32)
Gary P. Corn
10 Due Diligence and Defend Forward
236(24)
Eric Talbot Jensen
Sean Watts
11 Defend Forward and Attribution
260(23)
Kristen E. Eichensehr
PART IV COMPARATIVE PERSPECTIVES
12 Persistent Aggrandizement and Israels Cyber Defense Architecture
283(22)
Elena Chachko
13 Adapting to the Cyber Domain: Comparing US and UK Institutional, Legal, and Policy Innovations
305(46)
Robert M. Chesney
Index 351
Jack Goldsmith is the Learned Hand Professor of Law at Harvard University. He is the author of After Trump: Reconstructing the Presidency, as well as numerous other books and articles on topics related to presidential power, terrorism, national security, international law, and internet law. Goldsmith previously served as Assistant Attorney General, Office of Legal Counsel (October 2003-July 2004) and Special Counsel to the General Counsel to the Department of Defense (September 2002-June 2003).