forthcoming scholarship

* Forthcoming Scholarship

Journal of National Security Law & Policy special issue on cybersecurity

From JNSL&P:

The special issue introduces readers to some of the most compelling and complex items on the Administration’s national security agenda. In fifteen articles – including a Foreword by Michael Chertoff, former Secretary of the Department of Homeland Security – the symposium focuses on the subset of issues concerned with cybersecurity – how best to protect our critical infrastructure from cyber attacks. Authors critically evaluate the Administration’s Cyberspace Policy Review, presented back in May 2009. They examine what is known – and ascertainable – about the nature and extent of the threats, vulnerabilities, and consequences, and analyze the range of defensive options being considered by policy makers.

One set of issues concerns the proper role of the federal government in securing the nation’s critical infrastructure to include deciding which agency should play the lead role. Many claim that weak government leadership has been one reason that past cybersecurity efforts have failed to achieve their objectives. Congress is now debating a range of solutions designed to clarify responsibilities and accountability within the government and private sector, respectively. The Cybersecurity Act of 2009, as introduced, would have given the government a stronger role in setting standards and monitoring communications, while the marked up version recently reported by the Senate Committee on Commerce, Science and Transportation puts the onus on the government to identify and promote best practices developed by the private sector.

Another topic addressed is the need to improve the sharing of information critical for preventing cyber attacks. This is a good idea in theory – but problematic in practice because of privacy concerns and structural disincentives in the current system.

Cybersecurity is also a transnational problem – cyber crime, supply chain security, and offensive use of cyberpower are examples. Several articles discuss challenges and options concerning global action on cybersecurity.

Foreword
Michael Chertoff

Introduction
William C. Banks and Elizabeth Rindskopf Parker

The Past, Present, and Future of Cybersecurity
Walter Gary Sharp, Sr.

Cybersecurity Strategy: A Primer for Policy Makers and Those on the Front Line
Steven R. Chabinsky

History Repeats Itself: The 60-Day Cyberspace Policy Review in Context
Eric A. Greenwald

Offensive Cyber Operations and the Use of Force
Herbert S. Lin

Cyber Threats and the Law of War
David E. Graham

Will There Be Cybersecurity Legislation?
John Grant

Cybersecurity and Freedom on the Internet
Gregory T. Nojeim

Square Legal Pegs in Round Cyber Holes: The NSA, Lawfulness, and the Protection of Privacy Rights and Civil Liberties in Cyberspace
John N. Greer

Congress’s Role in Cyber Warfare
Stephen Dycus

National Cyber Doctrine: The Missing Link in the Application of American Cyber Power
Mark D. Young

U.S. International Policy for Cybersecurity: Five Issues That Won’t Go Away
Jeffrey Hunker

A Comparative Study of the Information Security Policies of Japan and the United States
Yasuhide Yamada, Atsuhiro Yamagishi, and Ben T. Katsumi

Foundational Questions Regarding the Federal Role in Cybersecurity
Gus P. Coldebella and Brian M. White

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