Are We @Cyberwar, and If So, How Should We Fight It? 4-29-2015




Federalist Society Event Audio show

Summary: Several significant cyber incidents, including the recent Sony hack, have been attributed to nation-states or groups closely associated with nation-states. The Intelligence Community's most recent Worldwide Threat Assessment predicts "an ongoing series of low-to-moderate level cyber attacks from a variety of sources over time, which will impose cumulative costs on U.S. economic competitiveness and national security." It identifies Russia, China, Iran and North Korea as Threat Actors. An expert panel will analyze whether any cyber incidents should be considered acts of war, whether U.S. responses be governed by the Law of Armed Conflict, what kinds of incidents warrant responses, and what those responses might be. -- The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C. -- Featuring: Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP, former Assistant Secretary of Policy, Department of Homeland Security, and former General Counsel, National Security Agency; Prof. Eric Talbot Jensen, Brigham Young University Law School, and former Chief, International Law, Office of The Judge Advocate General, U.S. Army; Catherine B. Lotrionte, Director, CyberProject, School of Foreign Service, Georgetown University, and former former Counsel to the President's Foreign Intelligence Advisory Board, former Assistant General Counsel, Office of General Counsel, Central Intelligence Agency; and Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law, former Deputy Assistant U.S. Attorney General, Office of Legal Counsel. Moderator: Prof. Jeremy A. Rabkin, George Mason University School of Law.