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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. 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.
Inhaltsverzeichnis
- Introduction by Jack Goldsmith
- Part I: Background
- 1. Defend Forward and Persistent Engagement by Gary Corn and Emily Goldman
- 2. Scenarios for Defend Forward
- 3. U.S. Cyber Command's First Decade by Michael Warner
- Part II: Domestic Framework
- 4. The Domestic Legal Framework for U.S. Military Cyber Operations by Robert Chesney
- 5. Cyberattacks and the Constitution by Matthew C. Waxman
- 6. Defend Forward and the FBI by James Baker and Matt Morris
- Part III: International Law Framework
- 7. Defend Forward and Sovereignty by Jack Goldsmith and Alex Loomis
- 8. Defend Forward and Cyber Countermeasures by Ashley Deeks
- 9. Covert Deception, Strategic Fraud, and the Rule of Prohibited Intervention by Gary Corn
- 10. Due Diligence and Defend Forward by Eric Talbot Jensen and Sean Watts
- 11. Defend Forward and Attribution by Kristen E. Eichensehr
- Part IV. Comparative Perspectives
- 12. Persistent Aggrandizement? Israel's Cyber Defense Architecture by Elena Chachko
- 13. Defend Forward and the United Kingdom's Legal System by Robert Chesney
Über den Autor / die Autorin
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).
Zusammenfassung
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.
Zusatztext
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 lasting—and significant—contribution to the field.
