our capacity on the offensive side to get to that point of deterrence?” 225 Now is the time to take advantage of the many thoughtful discussions offered by scholars, practitioners, and lawmakers to sort out and craft effective cyber policy. 226 224. Id. at 4 – 5. 225. Ellen Nakashima, Cyber Chief: Efforts to Deter Attacks Against the U.S. are Not Working , W ASH . P OST (Mar. 19, 2015), - may-need-to-boost-offensive-cyber-powers/2015/03/19/1ad79a34-ce4e-11e4-a2a7-9517a3a70506_story.html. 226. See, e.g. , Danielle Keats Citron, Cyber Civil Rights , 89 B.U. L. R EV . 61, 61 (2009) (describing internet mob mentality against minorities); David G. Delaney, Cybersecurity and the Administrative National Security State: Framing the Issues for Federal Legislation , 40 J. L EGIS . 251, 251 (2013 – 14) (noting issues for federal cybersecurity legislation in the wake of the Edward Snowden affair); Lori Fossum, Cyber Conflict Bibliography , (GWU Legal Studies Research Paper, 2013), (citing the multiple papers of the scholars mentioned that have furthered the cybersecurity discussion); Michael Gervais, Cyber Attacks and the Laws of War, 30 B ERKELEY J. I NT ’ L L. 525 (2012) (putting cybersecurity in the context of laws of war); Afroditi P apanastasiou, Application of Int’l Law in Cyber Warfare Operations (Sept. 8, 2010), (putting cybersecurity in the context of international law); Scott Shackelford, From Nuclear War to Net War: Analogizing Cyber Attacks in International Law, 27 B ERKELEY J. I NT ’ L L. 192 (2009) (comparing cyber war to nuclear war); K. A. Taipale, Cyber-deterrence , L AW , P OLICY AND T ECHNOLOGY : C YBERTERRORISM , I NFORMATION , W ARFARE , D IGITAL AND I NTERNET I MMOBILIZATION , IGI G LOBAL (2010) (noting the importance of cyber-deterrence); Matthew C. Waxman, Self-Defense Force Against Cyber Attacks: Legal, Strategic and Political Dimensions , 89 I NT ’ L L. S TUD . 109 (2013) (including the right of self-defense to cyber attacks).
Electronic copy available at: 380 JOURNAL OF LAW, TECHNOLOGY & POLICY [Vol. 2015 B. The Harvard Berkman Center Cybersecurity Project During December 2014, the Harvard Berkman Center for Internet and Society launched “ the cybersecurity project [to] engage in a clean-slate evaluation of the set of responsibilities related to foreign intelligence gathering . . . expanded to include the exploitation of cybersecurity vulnerabilities.” 227 With support provided by the Hewlett Foundation, the cybersecurity project is led by Jonathan Zittrain (Principal Investigator), and includes former U.S. National Counterterrorism Center Director Matt Olsen, Bruce Schneier, and Harvard Berkman faculty and staff: Urs Gasser, David O’Brien, and Rob Farris. 228 For this one-year duration endeavor, the Berkman Center states, In this project, we aim to identify concrete steps to clarify roles and boundaries for the intelligence community, the corporate sector, academics, non-profits, and individuals; to examine how the cybersecurity risks are conceptualized and assessed by governments and companies, particularly companies with global operations; and
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