JLCWJournal of Law & Cyber Warfare

The Archive

Journal Volumes

9 volumes and 16 peer-reviewed issues since 2012 — 69 works of scholarship on the law of cyber conflict. Bound editions are available in print and digital.

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9.2202491 pagesGet the issue

Volume 9, Issue 2

Three articles. Major Jungmoo Lee opens with “The Supreme Art of War, on Subduing the Enemy without Fighting”, on defending the 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. Peter B.M.J. Pijpers and Bart G.L.C. van den Bosch write on sovereignty in cyberspace and the usurpation of political independence. Jacob L. Azrilyant closes with “Silicon Trenches: Use of Force in the Cyber Age”. The issue sets a question of United States procurement statute alongside two pieces framed in the vocabulary of public international law — sovereignty and the use of force. Readers working on either domestic supply-chain authority or the international law of cyber operations will find both addressed here.

  1. ArticlesThe 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 ActJungmoo Lee
  2. ArticlesSovereignty in Cyberspace on the Usurpation of Political IndependencePeter B.M.J. Pijpers, Bart G.L.C. van den Bosch
  3. ArticlesSilicon Trenches: Use of Force in the Cyber AgeJacob L. Azrilyant
9.1Spring 2023104 pagesGet the issue

Volume 9, Issue 1

Two articles, and the note is short with them. Dr. Mohammed T. Hussein and Prof. Lawrence J. Trautman write on the Internet of Things in a post-pandemic world. Summer Crockett writes on “Deepfakes and the Law of Armed Conflict”, opening with a commander lured into an ambush by a forged surrender video and working from there to the authentication problems synthetic media creates under the law of armed conflict. The pairing places connected-device regulation alongside the evidentiary strain deepfakes put on targeting and perfidy rules, with no comments, briefings, or foreword between them. Trautman also appears in Volume 5, Issue 1, writing there on congressional cybersecurity oversight.

  1. ArticlesThe Internet of Things (IoT) in a Post-Pandemic WorldMohammed T. Hussein, Lawrence J. Trautman
  2. ArticlesDeepfakes and the Law of Armed ConflictSummer Crockett
8.2Summer 2022315 pagesGet the issue

Volume 8, Issue 2

Three articles. Jiaying Christine Jiang offers an ex-post regulatory impact assessment of the United States blockchain regulatory regime. Thibault Moulin, in “No More Humans? Cybernetically-Enhanced Soldiers Under the Legal Review of Article 36”, takes up enhanced combatants and the weapons review obligation. Thompson Chengeta writes on autonomous weapon systems and the inadequacies of existing law, his title stating the case for a new treaty. Two of the three concern the law governing weapons and those who carry them — Article 36 review in one, autonomous weapon systems in the other — while the first addresses the regulation of financial technology. Chengeta’s work on autonomous weapon systems appears earlier in the Journal, in Volume 5, Issue 1, measuring such systems against international humanitarian law rules.

  1. ArticlesRegulating Blockchain? An Ex-Post Regulatory Impact Assessment of the U.S. Blockchain Regulatory RegimeJiaying Christine Jiang
  2. ArticlesNo More Humans? Cybernetically-Enhanced Soldiers Under the Legal Review of Article 36Thibault Moulin
  3. ArticlesAutonomous Weapon Systems and the Inadequacies of Existing Law: The Case for a New TreatyThompson Chengeta
8.12020243 pagesGet the issue

Volume 8, Issue 1

Five pieces, listed without section headings. Jonathan M. Warren writes on bitcoin and its further regulation, under the title “A Too Convenient Transaction”. Rafael Leal-Arcas, Gemma Fearnley and Chana Gluck write on regulation, innovation, and technology for 21st century goals. Ryan Gallagher, Melanie Gersten, Khalil Jackson, Deborah Liu, James Massot, Edward Amoroso, Kevin Senator and Toby Weir-Jones contribute a case study on improving ICS cyber security legislation. Veronika Balbuzanova’s “Don’t Kill the Messenger” states in its title that the new technologies used by internet-based communications providers are gutting compelled disclosure laws. Yuichiro Tsuji writes on medical big data in Japan. Regulation is the common thread across the five: virtual currency, industrial control systems, compelled disclosure, and health data, the last of these treated in a non-United States jurisdiction.

  1. A Too Convenient Transaction: Bitcoin and Its Further RegulationJonathan M. Warren
  2. Regulation, Innovation, and Technology for 21st Century GoalsRafael Leal-Arcas, Gemma Fearnley, Chana Gluck
  3. A Case Study on Improving ICS Cyber Security LegislationRyan Gallagher, Melanie Gersten, Khalil Jackson, Deborah Liu, James Massot, Edward Amoroso, Kevin Senator, Toby Weir-Jones
  4. Don’t Kill the Messenger: How the New Technologies Used by Internet-Based Communications Providers are Gutting Compelled Disclosure LawsVeronika Balbuzanova
  5. Medical Big Data in JapanYuichiro Tsuji
7.2Fall 2019213 pagesGet the issue

Volume 7, Issue 2

Five articles. Shelly A. Sanford and Meredith Drukker Stratigopoulos write on the pursuit of federal jurisdiction over cybercrimes by foreign actors in DNC v. Russian Federation and Broidy Capital Mgmt. v. State of Qatar. Colton Matheson offers a comparative analysis of civilian targetability in cyber conflict, from munitions to malware. Amanda McAllister writes on the cybernetic enhancement of soldiers and the conservation of hors de combat protections under the Third Geneva Convention. Angel L. Rodriguez Santiago addresses new payment methods and insufficiencies in their regulatory scheme, and Lauren Miller writes on cyber insurance as an incentive alignment solution to corporate cyber-insecurity. The issue divides between the law of armed conflict — targeting and combatant status — and questions of liability, regulation and risk transfer in litigation, payments and insurance.

  1. ArticlesDemocrats and Republicans Seek Federal Jurisdiction Over Cybercrimes by Foreign Actors in DNC v. Russian Federation and Broidy Capital Mgmt. v. State of QatarShelly A. Sanford, Meredith Drukker Stratigopoulos
  2. ArticlesFrom Munitions to Malware: A Comparative Analysis of Civilian Targetability in Cyber ConflictColton Matheson
  3. ArticlesCybernetic Enhancement of Soldiers: Conserving hors de combat Protections for Combatants Under the Third Geneva ConventionAmanda McAllister
  4. ArticlesNew Payment Methods and Insufficiencies in their Regulatory SchemeAngel L. Rodriguez Santiago
  5. ArticlesCyber Insurance: An Incentive Alignment Solution to Corporate Cyber-InsecurityLauren Miller
7.1Winter 2019189 pagesGet the issue

Volume 7, Issue 1

Three articles and two comments. Jon M. Garon opens with “Cyber-World War III: Origins”. Fiona Q. Nguyen writes on the standard for biometric data protection, and Natasha Babazadeh on legal ethics and cybersecurity, addressing the management of client confidentiality in the digital age. The Comments section carries Matthew A. Powell on the need for cyberattack amendments to the Foreign Sovereign Immunities Act, and Alexi Franklin on an international cyber warfare treaty, considered through historical analogies and future prospects. Both comments concern instruments through which states might respond to cyber operations — sovereign immunity in United States law, and a treaty at the international level — while the articles range from the origins of cyber conflict to the duties borne by practitioners and by holders of biometric data.

  1. ArticlesCyber-World War III: OriginsJon M. Garon
  2. ArticlesThe Standard for Biometric Data ProtectionFiona Q. Nguyen
  3. ArticlesLegal Ethics and Cybersecurity: Managing Client Confidentiality in the Digital AgeNatasha Babazadeh
  4. CommentsA Call to Congress: The Urgent Need for Cyberattack Amendments to the Foreign Sovereign Immunities ActMatthew A. Powell
  5. CommentsAn International Cyber Warfare Treaty: Historical Analogies and Future ProspectsAlexi Franklin
6.2Winter 2018172 pagesGet the issue

Volume 6, Issue 2

Six pieces across three sections. Rhea Siers contributes a special comment, “Resilience, Perseverance and Fortitude: Lessons from My Parents”. In Articles, David Wallace and Mark Visger respond to the call for a digital Geneva Convention in an open letter to Brad Smith and the technology community; Jason R. Wool asks whether the cryptographic hashing of passwords qualifies for statutory breach notification safe harbor; and Christopher Kolezynski sets out an inter-agency working group proposal for connected vehicle technology and the DSRC mandate. Two briefings close the issue: Malcolm Harkins and Anthony M. Freed on the ransomware assault on the healthcare sector, and John A. Foulks on German IT security law. Regulatory design recurs throughout — a proposed convention, a notification safe harbor, a vehicle technology mandate, and a national security statute.

  1. Special CommentResilience, Perseverance and Fortitude: Lessons from My ParentsRhea Siers
  2. ArticlesResponding to the Call for a Digital Geneva Convention: An Open Letter to Brad Smith and the Technology CommunityDavid Wallace, Mark Visger
  3. ArticlesDoes the Cryptographic Hashing of Passwords Qualify for Statutory Breach Notification Safe Harbor?Jason R. Wool
  4. Articles“Playing With Fire” An Inter-Agency Working Group Proposal for Connected Vehicle Technology and the DSRC MandateChristopher Kolezynski
  5. BriefingsThe Ransomware Assault on the Healthcare SectorMalcolm Harkins, Anthony M. Freed
  6. BriefingsGerman IT Security LawJohn A. Foulks
6.1Summer 2017194 pagesGet the issue

Volume 6, Issue 1

Six pieces across three sections. Jennifer Deutsch and Daniel Garrie open with a special comment on Instagram, which their title describes as a new threat and its limits for liability. Three articles follow: John Dever and James Dever III on “A Democracy of Users”; J. Alexandra Bruce on abandoning warrantless electronic surveillance to preclude intrusive government searches; and Mark Peters asking whether options exist for cyber enhanced sanction strategies. Two country briefings close the issue — Rhea Siers on North Korea, in a piece titled “The Cyber Wild Card 2.0”, and Dhiraj R. Duraiswami on privacy and data protection in India. State power exercised through networks is the recurring subject: surveillance, sanctions, and two national profiles. Siers wrote on North Korea under the same title, without the 2.0, in Volume 4, Issue 1.

  1. Special CommentInstegogram: A New Threat and Its Limits for LiabilityJennifer Deutsch, Daniel Garrie
  2. ArticlesA Democracy of UsersJohn Dever, James Dever
  3. ArticlesIs Uncle Sam Stalking You? Abandoning Warrantless Electronic Surveillance to Preclude Intrusive Government SearchesJ. Alexandra Bruce
  4. ArticlesCyber Enhanced Sanction Strategies: Do Options Exist?Mark Peters
  5. Country BriefingsNorth Korea: The Cyber Wild Card 2.0Rhea Siers
  6. Country BriefingsPrivacy and Data Protection in IndiaDhiraj R. Duraiswami
5.2Winter 2017222 pagesGet the issue

Volume 5, Issue 2

Four pieces. The issue opens with a special comment, “It’s the Cyber Crime and its Sponsors (Not My Cyber-Security), Stupid”, carrying nine authors: David Lawrence, Frances Townsend, Tim Murphy, Daniel Garrie, John Squires, Jeff Castelli, Eric Herschmann, Serina Vash and Matthew Lawrence. Three articles follow. Peter Cooper writes on cognitive active cyber defense and finding value through hacking human nature. Eric Hipkins, John Harbaugh, Michael Morris and David Aucsmith write on Hunt, and the securing of the commercial sector since 2013. Monica Ricci and Jessica Gulick write on cybersecurity games and building tomorrow’s workforce. The practitioner’s side of the field dominates this issue: cyber crime and its sponsors, defensive operations, commercial-sector security, and the training of the people who do the work.

  1. Special CommentIt’s the Cyber Crime and its Sponsors (Not My Cyber-Security), StupidDavid Lawrence, Frances Townsend, Tim Murphy, Daniel Garrie, John Squires, Jeff Castelli, Eric Herschmann, Serina Vash, Matthew Lawrence
  2. ArticlesCognitive Active Cyber Defense: Finding Value Through Hacking Human NaturePeter Cooper
  3. ArticlesHunt: Securing the Commercial Sector Since 2013Eric Hipkins, John Harbaugh, Michael Morris, David Aucsmith
  4. ArticlesCybersecurity Games: Building Tomorrow’s WorkforceMonica Ricci, Jessica Gulick
5.1Summer 2016268 pagesGet the issue

Volume 5, Issue 1

Three articles, compact but wide in span. Jessica “Zhanna” Malekos Smith writes under the title “No State is an Island in Cyberspace”. Dr. Thompson Chengeta measures autonomous weapon systems against international humanitarian law rules. Lawrence J. Trautman sets out congressional cybersecurity oversight: who’s who and how it works. One piece is framed around states and their interdependence in cyberspace, one on weapons law under international humanitarian law, and one on the committee structure through which the United States Congress conducts oversight of cybersecurity. Chengeta returns to autonomous weapon systems in Volume 8, Issue 2, where his title makes the case for a new treaty; Trautman appears again in Volume 9, Issue 1, writing there on the Internet of Things.

  1. ArticlesNo State is an Island in CyberspaceJessica “Zhanna” Malekos Smith
  2. ArticlesMeasuring Autonomous Weapon Systems against International Humanitarian Law RulesThompson Chengeta
  3. ArticlesCongressional Cybersecurity Oversight: Who’s Who and How it WorksLawrence J. Trautman
4.3Winter 2015261 pagesGet the issue

Volume 4, Issue 3

Five articles. The Ponemon Institute opens on the rise of nation state attacks. Jeremy Barbanell writes on the need for a new approach to employee data breaches in the American workplace, and Ariel Emmanuel on standing in the aftermath of a data breach. Deborah Housen-Couriel addresses cybersecurity and anti-satellite capabilities, which her title frames as new threats and new legal responses. Ido Kilovaty closes by rethinking the prohibition on the use of force in the light of economic cyber warfare, toward a broader scope of Article 2(4) of the UN Charter. Data breach is the issue’s recurring subject, taken up twice — once as a workplace and employment matter, once as a question of standing — while the remaining pieces address state-level attacks, space systems, and the UN Charter.

  1. ArticlesThe Rise of Nation State AttacksPonemon Institute
  2. ArticlesNeeding A New Approach to Address Employee Data Breaches in the American WorkplaceJeremy Barbanell
  3. ArticlesCybersecurity and Anti-Satellite Capabilities (ASAT): New Threats and New Legal ResponsesDeborah Housen-Couriel
  4. ArticlesStanding in the Aftermath of a Data BreachAriel Emmanuel
  5. ArticlesRethinking 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 CharterIdo Kilovaty
4.22015151 pagesGet the issue

Volume 4, Issue 2

Four articles. Mohamed H. Aziz writes on counterterrorism measures via internet intermediaries, framed in his title as a First Amendment and national security dilemma. Elizabeth Mavropoulou addresses targeting in the cyber domain and the legal challenges arising from the application of the principle of distinction to cyber attacks. Thomas Cross writes on the legal implications of vulnerability disclosure in international conflict. Asaf Wiener closes on virtual crimes and actual threats, and the deterrence of national security offenses committed through cyberspace. National security runs through all four, approached from different bodies of law: constitutional speech protection and the position of intermediaries, the targeting rules of armed conflict, disclosure in conflict, and criminal deterrence.

  1. ArticlesCounterterrorism Measures via Internet Intermediaries: A First Amendment & National Security DilemmaMohamed H. Aziz
  2. ArticlesTargeting in the Cyber Domain: Legal Challenges Arising from the Application of the Principle of Distinction to Cyber AttacksElizabeth Mavropoulou
  3. ArticlesLegal Implications of Vulnerability Disclosure in International ConflictThomas Cross
  4. ArticlesVirtual Crimes, Actual Threats: Deterring National Security Offenses Committed Through CyberspaceAsaf Wiener
4.1Winter 2014104 pagesGet the issue

Volume 4, Issue 1

Four articles. Rhea Siers opens with “North Korea: The Cyber Wild Card”. James E. McGhee writes on the politics of imprecision in cyber law, under the title “Hack, Attack or Whack”. Noah Simmons applies the international law of war to cyber attacks in “A Brave New World”. Brad Lunn closes on strengthening director duties of care for cybersecurity oversight, which his title frames as the evolving expectations of existing legal doctrine. The issue moves outward from a single state, through the question of which legal vocabulary governs cyber operations, to the duties of company directors. Siers returns to North Korea in Volume 6, Issue 1, with “The Cyber Wild Card 2.0”, and McGhee also writes in Volume 2, Issue 1.

  1. ArticlesNorth Korea: The Cyber Wild CardRhea Siers
  2. ArticlesHack, Attack or Whack; The Politics of Imprecision in Cyber LawJames E. McGhee
  3. ArticlesA Brave New World: Applying International Law of War to Cyber AttacksNoah Simmons
  4. ArticlesStrengthening Director Duties of Care for Cybersecurity Oversight: Evolving Expectations of Existing Legal DoctrineBrad Lunn
3.1Spring 2014128 pagesGet the issue

Volume 3, Issue 1

Five articles. Liam M.D. Bailey writes on mitigating moral hazard in cyber-risk insurance. Dr. Mils Hills addresses the deregulation and swarming of cyberwarfare, and what his title describes as the need for and limitations of law in enabling aggressive “hacking-back” and pre-emption. Stefano Mele sets out legal considerations on cyber-weapons and their definition. Cassondra Mix asks whether an internet communication blackout is an attack under non-international armed conflict. Sheng Zhou closes on bitcoin and the inadequacies of the Bank Secrecy Act in regulating and enforcing money laundering laws over virtual currencies and the internet. Definitional questions recur across the issue — what counts as a cyber-weapon, what counts as an attack — alongside two pieces on insurance and financial regulation.

  1. ArticlesMitigating Moral Hazard in Cyber-Risk InsuranceLiam M.D. Bailey
  2. ArticlesThe Deregulation and Swarming of Cyberwarfare: The Need for and Limitations of Law in Enabling Aggressive ‘Hacking-back’ and Pre-EmptionMils Hills
  3. ArticlesLegal Considerations on Cyber-Weapons and Their DefinitionStefano Mele
  4. ArticlesInternet Communication Blackout: Attack Under Non-International Armed Conflict?Cassondra Mix
  5. ArticlesBitcoin Laundromats for Dirty Money: The Bank Secrecy Act’s (BSA) Inadequacies in Regulating and Enforcing Money Laundering Laws over Virtual Currencies and the InternetSheng Zhou
2.1Spring 201393 pagesGet the issue

Volume 2, Issue 1

A foreword and three articles. Chris Colvin, Daniel Garrie and Siddartha Rao open the issue on cyber warfare and the corporate environment. John Dever and James Dever then write on cyberwarfare, taking up attribution, preemption and national self defense. James E. McGhee writes on the Schmitt analysis, the Tallinn Manual and US cyber policy. Noah Bledstein asks whether cyber espionage is a form of market manipulation. The three articles sit at the join between state conduct and private consequence: attribution and self-defense, the frameworks by which states assess cyber operations, and espionage examined through the law of securities markets. The foreword sets the whole issue in a corporate frame. McGhee also appears in Volume 4, Issue 1.

  1. ForewordCyber Warfare and the Corporate EnvironmentChris Colvin, Daniel Garrie, Siddartha Rao
  2. ArticlesCyberwarfare: Attribution, Preemption, and National Self DefenseJohn Dever, James Dever
  3. ArticlesCyber Redux: The Schmitt Analysis, Tallinn Manual and US Cyber PolicyJames E. McGhee
  4. ArticlesIs Cyber Espionage a Form of Market Manipulation?Noah Bledstein
1.1Winter 2012198 pagesGet the issue

Volume 1, Issue 1

The Journal’s first issue: a foreword and four articles. Daniel B. Garrie opens by asking what the rules of cyber warfare are. Michael Gervais writes on cyber attacks and the laws of war. Michael Preciado argues for the federal government to protect critical infrastructure from cyber warfare, under the title “If You Wish Cyber Peace, Prepare for Cyber War”. Jesse Noa considers future policy in the wake of attacks by Lulz Security and other hacker groups on stored private customer data. Dr. Mils Hills closes with an analogy drawn from the parasitic manipulation of host behavior, applied to the psychological effects of cyber warfare payloads. The laws of war, critical infrastructure, and non-state hacking groups are all present from the Journal’s first pages.

  1. ForewordCyber Warfare, What are the Rules?Daniel B. Garrie
  2. ArticlesCyber Attacks and the Laws of WarMichael Gervais
  3. ArticlesIf You Wish Cyber Peace, Prepare for Cyber War: The Need for the Federal Government to Protect Critical Infrastructure From Cyber WarfareMichael Preciado
  4. ArticlesThey Did it For the Lulz: Future Policy Considerations in the Wake of Lulz Security and Other Hacker Groups’ Attacks on Stored Private Customer DataJesse Noa
  5. ArticlesA New Perspective on the Achievement of Psychological Effects from Cyber Warfare Payloads: The Analogy of Parasitic Manipulation of Host BehaviorMils Hills