I’ve long been an advocate for fewer restraints on how the private sector responds to hacking attacks. If the government can’t stop and can’t punish such attacks, in my view the least it could do is not threaten the victims with felony prosecution for taking reasonable measures in self-defense. I debated the topic with co-blogger
Department of Justice
Cloudy With a Chance of Exploitation
With all the controversy surrounding the leaks regarding the PRISM program, there is at least one constituency that is likely rejoicing — Europe-based cloud computing companies.
For the past few years, cloud providers in Europe have tried to gain a competitive advantage over US-based providers in the European market by arguing that the Patriot Act…
The FISA Court Order Flap: Take a Deep Breath
There may be a lot less to the NSA “scandal” than meets the eye. In an article for Foreign Policy, I explain why I am quite confident that the program underlying the FISA court order is lawful:
[T]his is not some warrantless or extra-statutory surveillance program. The government had to persuade up to a…
Prosecuting Cyberespionage – Justice’s New Strategy
The National Security Division of the Justice Department may be getting on the cyberspace attribution/retribution bandwagon — and in the process, reshaping US strategy for deterring cyberespionage.
First, they are creating a new liaison position in US Attorney offices across the country — the National Security Cybersecurity Specialist, or NSCS (rhymes with “discus meniscus” for…