nationalsecuritylaw new resource: ICRC First Research & Debate Cycle: New Technologies and the Modern Battlespace

From our friends at the ICRC:

Launch of the ICRC First Research & Debate Cycle: New Technologies and the Modern Battlespace

In recent years, a wide array of new technologies has entered the modern battlefield, giving rise to new methods and means of warfare, such as cyber attacks, armed drones and robots. While there can be no doubt that IHL applies to them, applying pre-existing legal rules to new technologies may raise the question of whether the rules are sufficiently clear in light of the new technologies’ specific characteristics and foreseeable humanitarian impact.

Each of these new technologies raises a host of issues, which the first Research & Debate Cycle proposes to discuss. From March to June 2014, several publics events will be organized around the globe, with a view to answering several objectives:
• connecting academics and researchers on international humanitarian law, scientists, military representatives, human rights lawyers, policy-makers and practitioners,
• facilitating discussion, exchange of knowledge and new ideas in relation to the theme of the cycle,
• ensuring a global outreach, through the involvement of relevant ICRC delegations and contacts in the field,
• proposing multi-disciplinary solutions to the questions identified.

On March 25, the inaugural panel presented the various ethical, legal, scientific, and military issues that new technologies raise for humanitarian law and action, and which the subsequent events will strive to answer. The recording of the panel, as well as several interviews with the speakers, is now available on the ICRC’s website.

Watch the video here

Keep informed of the Cycle’s upcoming events, podcasts, interviews and reference documents here.

nationalsecuritylaw call for papers: AALS Section on National Security Law session on the NSA

Our friends at the AALS Section on National Security Law have the following call for papers. Sounds like a terrific session is in the works!

The NSA and AALS January 2015: Call for Papers

The American Association of Law Schools (AALS) Section on National Security invites abstracts for the selection of two panelists for its 2015 Annual Meeting program, “The National Security Agency and the Rule of Law.” The topic is timely, including changes in Fourth Amendment doctrine, statutory frameworks, and presidential guidance. Abstracts that explore the balance between liberty and security in a shifting threat landscape are welcome. The Journal of National Security Law and Policy will publish the two papers chosen by the Section’s Program Committee (and may publish other papers designated by the Committee); the two authors will present their papers as part of the Section Program in Washington, D.C. on January 2-5, 2015. This invitation is open to all full-time faculty members at AALS member schools. Abstracts, which should be no more than 1,000 words in length, should be submitted by August 15, 2014 to section chair Peter Margulies of Roger Williams University School of Law, pmargulies.

nationalsecuritylaw economic cyberespionage indictment against five named members of the Chinese military

Highlights from the DOJ press release:

WASHINGTON—A grand jury in the Western District of Pennsylvania (WDPA) indicted five Chinese military hackers for computer hacking, economic espionage and other offenses directed at six American victims in the U.S. nuclear power, metals and solar products industries.

The indictment alleges that the defendants conspired to hack into American entities, to maintain unauthorized access to their computers and to steal information from those entities that would be useful to their competitors in China, including state-owned enterprises (SOEs). In some cases, it alleges, the conspirators stole trade secrets that would have been particularly beneficial to Chinese companies at the time they were stolen. In other cases, it alleges, the conspirators also stole sensitive, internal communications that would provide a competitor, or an adversary in litigation, with insight into the strategy and vulnerabilities of the American entity.

…

Summary of the Indictment

Defendants: Wang Dong, Sun Kailiang, Wen Xinyu, Huang Zhenyu, and Gu Chunhui, who were officers in Unit 61398 of the Third Department of the Chinese People’s Liberation Army (PLA). The indictment alleges that Wang, Sun, and Wen, among others known and unknown to the grand jury, hacked or attempted to hack into U.S. entities named in the indictment, while Huang and Gu supported their conspiracy by, among other things, managing infrastructure (e.g., domain accounts) used for hacking.

Victims: Westinghouse Electric Co. (Westinghouse), U.S. subsidiaries of SolarWorld AG (SolarWorld), United States Steel Corp. (U.S. Steel), Allegheny Technologies Inc. (ATI), the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) and Alcoa Inc.

Time period: 2006-2014.

Crimes: Thirty-one counts as follows (all defendants are charged in all counts).

Count(s)	Charge	Statute	Maximum Penalty
1	Conspiring to commit computer fraud and abuse	18 U.S.C. § 1030(b).	10 years.
2-9	Accessing (or attempting to access) a protected computer without authorization to obtain information for the purpose of commercial advantage and private financial gain.	18 U.S.C. §§ 1030(a)(2)(C), 1030(c)(2)(B)(i)-(iii), and 2.	5 years (each count).
10-23	Transmitting a program, information, code, or command with the intent to cause damage to protected computers.	18 U.S.C. §§ 1030(a)(5)(A), 1030(c)(4)(B), and 2.	10 years (each count).
24-29	Aggravated identity theft.	18 U.S.C. §§ 1028A(a)(1), (b), (c)(4), and 2	2 years (mandatory consecutive).
30	Economic espionage.	18 U.S.C. §§ 1831(a)(2), (a)(4), and 2.	15 years.
31	Trade secret theft.	18 U.S.C. §§ 1832(a)(2), (a)(4), and 2.	10 years.

Summary of Defendants’ Conduct Alleged in the Indictment

Defendant	Victim	Criminal Conduct
Sun	Westinghouse	In 2010, while Westinghouse was building four AP1000 power plants in China and negotiating other terms of the construction with a Chinese SOE (SOE-1), including technology transfers, Sun stole confidential and proprietary technical and design specifications for pipes, pipe supports, and pipe routing within the AP1000 plant buildings. Additionally, in 2010 and 2011, while Westinghouse was exploring other business ventures with SOE-1, Sun stole sensitive, non-public, and deliberative e-mails belonging to senior decision-makers responsible for Westinghouse’s business relationship with SOE-1.
Wen	SolarWorld	In 2012, at about the same time the Commerce Department found that Chinese solar product manufacturers had “dumped” products into U.S. markets at prices below fair value, Wen and at least one other, unidentified co-conspirator stole thousands of files including information about SolarWorld’s cash flow, manufacturing metrics, production line information, costs, and privileged attorney-client communications relating to ongoing trade litigation, among other things. Such information would have enabled a Chinese competitor to target SolarWorld’s business operations aggressively from a variety of angles.
Wang and Sun	U.S. Steel	In 2010, U.S. Steel was participating in trade cases with Chinese steel companies, including one particular state-owned enterprise (SOE-2). Shortly before the scheduled release of a preliminary determination in one such litigation, Sun sent spearphishing e-mails to U.S. Steel employees, some of whom were in a division associated with the litigation. Some of these e-mails resulted in the installation of malware on U.S. Steel computers. Three days later, Wang stole hostnames and descriptions of U.S. Steel computers (including those that controlled physical access to company facilities and mobile device access to company networks). Wang thereafter took steps to identify and exploit vulnerable servers on that list.
Wen	ATI	In 2012, ATI was engaged in a joint venture with SOE-2, competed with SOE-2, and was involved in a trade dispute with SOE-2. In April of that year, Wen gained access to ATI’s network and stole network credentials for virtually every ATI employee.
Wen	USW	In 2012, USW was involved in public disputes over Chinese trade practices in at least two industries. At or about the time USW issued public statements regarding those trade disputes and related legislative proposals, Wen stole e-mails from senior USW employees containing sensitive, non-public, and deliberative information about USW strategies, including strategies related to pending trade disputes. USW’s computers continued to beacon to the conspiracy’s infrastructure until at least early 2013.
Sun	Alcoa	About three weeks after Alcoa announced a partnership with a Chinese state-owned enterprise (SOE-3) in February 2008, Sun sent a spearphishing e-mail to Alcoa. Thereafter, in or about June 2008, unidentified individuals stole thousands of e-mail messages and attachments from Alcoa’s computers, including internal discussions concerning that transaction.
Huang		Huang facilitated hacking activities by registering and managing domain accounts that his co-conspirators used to hack into U.S. entities. Additionally, between 2006 and at least 2009, Unit 61398 assigned Huang to perform programming work for SOE-2, including the creation of a “secret” database designed to hold corporate “intelligence” about the iron and steel industries, including information about American companies.
Gu		Gu managed domain accounts used to facilitate hacking activities against American entities and also tested spearphishing e-mails in furtherance of the conspiracy.

nationalsecuritylaw USIP’s IHL/IHRL Training Course

A great opportunity from the United States Institute of Peace, via Professors Laurie Blank and Greg Noone:

The United States Institute of Peace is offering a course on International Humanitarian Law and Human Rights as part of its highly regarded Academy for International Conflict Management and Peacebuilding. The Academy provides practitioner-oriented education, training, and resources via facilities at USIP’s Washington headquarters, mobile training in conflict zones abroad, and online distance education and training.

This course on IHL and HR runs June 17-19, 2014 and will focus on key questions: Why do we have these bodies of law? How do they apply? What is the practical impact of human rights and humanitarian law in conflict-affected states? How do these two bodies of law interact? How are human rights and international humanitarian law relevant to practitioner’s work in the field? The three-day course, led by instructors Prof Laurie Blank and Dr. Gregory Noone, will be delivered through a variety of methodologies that seek to maximize the learning experience, with an emphasis on problem-based learning.

Additional course and registration information is available at http://www.usip.org/education-training/courses/human-rights-and-international-humanitarian-law.