Scholarship Index
Articles & Summaries
Every article carries a plain-language summary so practitioners can move fast and scholars can go deep. Full texts appear in the bound journal volumes.
All articles
From Safe Harbors to Duties of Care: Rethinking Platform Liability for Illegal Content in Comparative Perspective
For much of the Internet’s legal history, intermediary liability has been structured around a defensive question: when should an online service provider be protected from liability for unlawful content created by…
The UN's Global Mechanism on ICTs Meets Reality: Geopolitical Fault Lines at the First Substantive Plenary
The summer of 2026 was meant to mark a turning point in the long and fitful effort to establish durable multilateral governance of cyberspace. After six rounds of time-bound groups of governmental experts (GGEs) and…
Regulation of Dark Web Activities: Legal and Enforcement Challenges in Pakistan.
The rapid expansion of digital technologies has led to the emergence of the dark web as a concealed segment of the internet that facilitates both legitimate privacy-oriented communication and a wide range of illicit…
Judicial Control of Digital Power: Supreme Court Oversight over Big Tech and State Surveillance after 2020
Abstract: This article critically examines the Supreme Court of India as a constitutional check on "Digital Absolutism"- the unregulated accumulation of digital power by the surveillance state and platform…
Salt Typhoon and the Law of Cyber Espionage: Sovereignty, Attribution, and the Limits of International Law
The intrusion campaign attributed to the Chinese state-sponsored threat actor known as Salt Typhoon — which compromised the networks of at least nine major U.S. telecommunications carriers and reportedly accessed the…
Cyber Insurance and Corporate Risk in Cybercrime
Cybercrime now imposes direct financial, operational, and reputational costs on companies across every sector. Ransomware, business email compromise, supply chain infiltration, and data theft no longer represent…
Regulating Dual Use AI in Cyber Operations
Artificial intelligence now drives many core cybersecurity functions. Machine learning systems detect anomalies, triage alerts, and predict intrusion patterns. These same technologies can also automate vulnerability…
Comparative Cyber Incident Response
State linked cyber incidents create unique legal and operational pressures. A ransomware event by a criminal gang raises hard questions. A suspected state linked intrusion raises harder ones. Governments want rapid…
Cyber Countermeasures by Private Actors
State linked cyber operations now target private infrastructure with regularity. Energy grids, telecommunications networks, financial institutions, and cloud providers serve as both economic assets and strategic…
AI Cyber Threats and the Future of Cybersecurity Law
Artificial intelligence and related emerging technologies are rapidly reshaping the cyber threat landscape. Both malicious actors and defenders increasingly rely on automated systems to conduct analyze and respond to…
Cyber Warfare Legal Frameworks and International Law
Cyber operations have become a central instrument of state power shaping modern conflict deterrence and diplomacy. Unlike traditional kinetic warfare cyber operations often occur below the threshold of armed conflict…
Digital Surveillance Privacy and Civil Liberties in the Cyber Age
Digital surveillance and civil liberties are now in direct tension as governments expand data collection capabilities for national security and cyber defense purposes. Advances in computing power data analytics and…
AI-Powered Phishing: Regulating Social-Engineering Campaigns
Artificial intelligence has enhanced phishing scams by enabling malicious actors to generate personalized, context-aware messages on an unprecedented level. Instead of generic mass emails, AI-powered phishing models…
Tallinn Manual 3.0: Sovereignty and Attribution in 2025
The Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations has served as the leading guide for interpreting how international law applies in the cyberspace. However, the technological and…
Internet Communication Blackout: Attack Under Non-International Armed Conflict?
This article explores the legal framework surrounding internet communication blackouts during non-international armed conflicts, particularly in the context of the 2011 Egyptian uprising.
Is Uncle Sam Stalking You? Abandoning Warrantless Electronic Surveillance to Preclude Intrusive Government Searches
This legal article argues that warrantless electronic surveillance by the government, even for national security purposes, violates the Fourth Amendment’s protection against unreasonable searches.
Cyber Redux: The Schmitt Analysis, Tallinn Manual and US Cyber Policy
This article examines the state of international law governing cyber operations, particularly those involving state actors.
Is Cyber Espionage a Form of Market Manipulation?
This article explores the nature of cyber espionage and its potential impact on U.S. markets.
Cyber Attacks and the Laws of War
This article analyzes the challenges and complexities of applying international law to the emerging field of cyber warfare.
A New Perspective on the Achievement of Psychological Effects from Cyber Warfare Payloads: The Analogy of Parasitic Manipulation of Host Behavior
This paper examines the potential of using a parasitological analogy to understand how cyber warfare payloads can affect human behavior and decision-making.
Autonomous Weapon Systems and the Inadequacies of Existing Law: The Case for a New Treaty
This article discusses the legal and ethical challenges posed by the development and use of autonomous weapon systems (AWS), which are weapons capable of selecting and engaging targets without human intervention.
Targeting in the Cyber Domain: Legal Challenges Arising from the Application of the Principle of Distinction to Cyber Attacks
This article examines the legal challenges of applying international humanitarian law to cyber warfare. It specifically focuses on the principle of distinction, which dictates that combatants and civilian populations…
Cyberwarfare: Attribution, Preemption, and National Self Defense
The article explores the legal framework for cyber warfare, arguing that existing international law, which focuses on traditional warfare, is inadequate to address the unique aspects of cyberattacks.
If You Wish Cyber Peace, Prepare for Cyber War: The Need for the Federal Government to Protect Critical Infrastructure From Cyber Warfare
This article argues that cyber warfare poses a serious threat to the United States and its critical infrastructure. It highlights the evolution of cyber attacks from hacking to cybercrime and cyberterrorism…
No More Humans? Cybernetically-Enhanced Soldiers Under the Legal Review of Article 36
This article discusses the legal implications of brain-computer interfaces (BCIs) on the battlefield, specifically focusing on the potential use of these technologies to enhance soldiers and control weapons remotely.
Resilience, Perseverance and Fortitude: Lessons from My Parents
Rhea Siers, a lawyer and expert in cyber policy, uses the stories of her Holocaust survivor parents to argue that resilience, perseverance, and fortitude are still vital in the current cyber age.
Responding to the Call for a Digital Geneva Convention: An Open Letter to Brad Smith and the Technology Community
The article analyzes Brad Smith’s, President of Microsoft, call for a “Digital Geneva Convention” to address the increasing problem of state-sponsored cyberattacks.
The Ransomware Assault on the Healthcare Sector
This article examines the growing threat of ransomware attacks on the healthcare industry. It highlights the vulnerabilities created by the transition to electronic health records (EHRs), which makes valuable personal…
The Internet of Things (IoT) in a Post-Pandemic World
This paper examines the Internet of Things (IoT) and its potential to address global challenges such as food insecurity, climate change, and healthcare disparities.
Legal Considerations on Cyber-Weapons and Their Definition
This article from the Journal of Law & Cyber Warfare examines the concept of cyber-weapons and attempts to establish a legal definition for them. The author, Stefano Mele, argues that the rapid development of…
The Supreme Art of War, on Subduing the Enemy without Fighting: Defending Defense Supply Chain Against Foreign Adversaries by Taking Proactive Measures to Enforce §889(a)(1)(B) of the Fiscal Year 2019 National Defense Authorization Act
This article examines the enforcement of §889(a)(1)(B) of the Fiscal Year 2019 National Defense Authorization Act, the provision barring covered telecommunications and video surveillance equipment from foreign…
Sovereignty in Cyberspace on the Usurpation of Political Independence
This article addresses whether sovereignty functions as a binding rule of international law in cyberspace or merely as a background principle. The authors, Peter B.M.J. Pijpers and Bart G.L.C. van den Bosch, argue that…
Silicon Trenches: Use of Force in the Cyber Age
This article examines how international law's kinetic-based definitions of "use of force" and "armed attack," mirrored in the U.S. Law of War Manual, fail to account for offensive cyber operations. The author, Jacob L…
Deepfakes and the Law of Armed Conflict
This article considers how deepfake technology intersects with the law of armed conflict (LOAC). The author, Summer Crockett, opens with a hypothetical in which a fabricated surrender video is used to lure military…
Democrats and Republicans Seek Federal Jurisdiction Over Cybercrimes by Foreign Actors in DNC v. Russian Federation and Broidy Capital Mgmt. v. State of Qatar
This article examines whether U.S. courts have jurisdiction over foreign actors accused of cybercrimes, using two 2018 lawsuits as case studies: the Democratic National Committee's suit against the Russian Federation…
Cyber-World War III: Origins
This article, by Jon M. Garon, examines technological and geopolitical trends that emerged in 2017 as warning signs of a possible large-scale cyber conflict. Drawing an analogy to the underestimated warning signs…
Cognitive Active Cyber Defense: Finding Value Through Hacking Human Nature
This article, by Pete Cooper, examines the ongoing struggle between cyber defenders and their adversaries, arguing that despite record investment in cybersecurity, defenders are losing ground as breaches grow in…
No State is an Island in Cyberspace
This article, by Jessica Malekos Smith, examines the challenge of applying international law to cyber espionage in light of the anonymity and attribution problems that pervade cyberspace. Smith argues that economic…
Measuring Autonomous Weapon Systems against International Humanitarian Law Rules
This article examines whether Autonomous Weapon Systems (AWS) can comply with international humanitarian law (IHL). The author, Dr. Thompson Chengeta, argues that AWS cannot satisfy core IHL rules such as distinction…
The Rise of Nation State Attacks
This piece presents survey findings from a Ponemon Institute study, sponsored by CounterTack, on organizational readiness for nation-state cyberattacks. Drawing on responses from 639 U.S. IT and IT-security…
Cybersecurity and Anti-Satellite Capabilities (ASAT): New Threats and New Legal Responses
This article addresses the legal implications of anti-satellite cyber capabilities, using the Turla group's hacking of satellite communications as a starting point. The author, Deborah Housen-Couriel, describes how the…
Rethinking the Prohibition on the Use of Force in the Light of Economic Cyber Warfare: Towards a Broader Scope of Article 2(4) of the UN Charter
This article argues that Article 2(4) of the UN Charter, which prohibits the threat or use of force, should be interpreted to cover economic cyber-attacks, not only those causing physical or kinetic harm. The author…
Counterterrorism Measures via Internet Intermediaries: A First Amendment & National Security Dilemma
This article examines the tension between counterterrorism efforts directed at internet intermediaries and the protections of the First Amendment. The author, Mohamed H. Aziz, situates the analysis in the context of…
Legal Implications of Vulnerability Disclosure in International Conflict
This article considers the legal implications of vulnerability disclosure in the context of international conflict. The author, Thomas Cross, explains that actors seeking to attack computer systems accumulate knowledge…
Virtual Crimes, Actual Threats: Deterring National Security Offenses Committed Through Cyberspace
This article explores legal and policy responses to the use of online communication by terrorists and their supporters to promote and carry out acts of physical terror. The author, Asaf Wiener, argues that the…
North Korea: The Cyber Wild Card
This article by Rhea Siers assesses North Korea as a cyber threat, arguing that Pyongyang's cyber weapons may deserve as much concern as its nuclear arsenal. Writing largely before the Sony Pictures attack was publicly…
Hack, Attack or Whack; The Politics of Imprecision in Cyber Law
This article by James E. McGhee examines the imprecise vocabulary used to describe cyber incidents, arguing that events are routinely labeled "hacks" or "attacks" without any consistent standard for why they qualify as…
A Brave New World: Applying International Law of War to Cyber Attacks
This article by Noah Simmons addresses the unsettled legal status of cyberattacks under international law, arguing that existing "use of force" and "armed attack" analyses under the UN Charter do not adequately account…
The Deregulation and Swarming of Cyberwarfare: The Need for and Limitations of Law in Enabling Aggressive ‘Hacking-back’ and Pre-Emption
This conceptual article by Dr. Mils Hills examines the legal case for "hacking-back" and pre-emptive cyber counter-strikes by liberal democratic states. Hills argues that such states face a structural disadvantage…
Cyber Warfare, What are the Rules?
This foreword by Daniel B. Garrie, opening the inaugural issue of the Journal of Law and Cyber Warfare, raises the evidentiary problem underlying efforts to classify cyber incidents as acts of war. Garrie contrasts…
From Munitions to Malware: A Comparative Analysis of Civilian Targetability in Cyber Conflict
This article examines when a civilian who takes part in cyber hostilities may lawfully be targeted. The author, Colton Matheson, opens with the 2008 distributed denial-of-service attacks that disrupted Georgian…
Cybernetic Enhancement of Soldiers: Conserving hors de combat Protections for Combatants Under the Third Geneva Convention
This article asks whether cybernetically enhanced soldiers retain the protections owed to combatants who are hors de combat under the Third Geneva Convention. The author, Amanda McAllister, opens with the bombing of…
A Call to Congress: The Urgent Need for Cyberattack Amendments to the Foreign Sovereign Immunities Act
This article argues that Congress should amend the Foreign Sovereign Immunities Act so that foreign states and their agents can be held liable in United States courts for cyberattacks. The author, Matthew A. Powell…
An International Cyber Warfare Treaty: Historical Analogies and Future Prospects
This article considers the prospects for an international treaty governing cyber warfare, reading them against the history of weapons-specific arms control. The author, Alexi Franklin, traces the Just War tradition…
Cyber Enhanced Sanction Strategies: Do Options Exist?
This article proposes that economic sanctions be supplemented by cyber means. The author, Mark Peters, argues that current financial sanction practice often fails to achieve its intended effect — missing targeted…
North Korea: The Cyber Wild Card 2.0
This article assesses North Korea's cyber capabilities and the question of what Pyongyang intends to do with them. The author, Rhea Siers, argues that the country's cyber weapons warrant at least as much concern as its…
Cyber Warfare and the Corporate Environment
This foreword introduces the issue by setting out how quickly cyber-war and cyber-crime events were escalating against corporate targets. The authors — Chris Colvin, Daniel Garrie and Siddartha Rao — point to the…