• Cyber and international law in the 21st century

    “Cyber space is not – and must never be – a lawless world. It is the U.K.’s view that when states and individuals engage in hostile cyber operations, they are governed by law just like activities in any other domain,” said the U.K. Attorney General Jeremy Wright, QC MP, on 23 May 2018, setting out, for the first time, the U.K.’s position on applying international law to cyberspace. “What this means is that hostile actors cannot take action by cyber means without consequence, both in peacetime and in times of conflict. States that are targeted by hostile cyber operations have the right to respond to those operations in accordance with the options lawfully available to them and that in this as in all things, all states are equal before the law.”

  • Failing to keep pace: The cyber threat and its implications for our privacy laws

    “The time has come — indeed, if it has not already passed — to think seriously about some fundamental questions with respect to our reliance on cyber technologies: How much connected technology do we really want in our daily lives? Do we want the adoption of new connected technologies to be driven purely by innovation and market forces, or should we impose some regulatory constraints?” asked NSA General Counsel Glenn Gerstell in a Wednesday presentation at Georgetown University. “Although we continue to forge ahead in the development of new connected technologies, it is clear that the legal framework underpinning those technologies has not kept pace. Despite our reliance on the internet and connected technologies, we simply haven’t confronted, as a U.S. society, what it means to have privacy in a digital age.”

  • An estimated 4.2 million anti-Semitic tweets shared on Twitter in one-year period: Study

    The Anti-Defamation League (ADL) has just issued a new report analyzing anti-Semitic speech on Twitter, providing a snapshot of the trends and themes of anti-Semitism on the social media platform over the course of a one-year period. Using proprietary research strategies to evaluate Twitter for thousands of possible anti-Semitic expressions, the researchers have identified at least 4.2 million anti-Semitic tweets which were shared or re-shared in English on Twitter over the 12-month period ending 28 January 2018.

  • Fake news, the First Amendment, and failure in the marketplace of ideas

    The rise of social media and fake news challenge long-held assumptions about the First Amendment and are undermining the functioning of the “the marketplace of ideas,” a Duke professor argues. “There are a number of very specific ways in which the structure and operation of today’s digital media ecosystem favors falsity over truth; and this shifting balance raises some troubling implications for how we think about the First Amendment,” he says.

  • At anti-Semitism debate, MP Mann says that “Zionist” is an “insult” in Corbyn’s party

    In a powerful speech during a debate about anti-Semitism in the British parliament on Tuesday, Labor MP John Mann said “Any Jewish person has the right to say…’I am a Zionist’ and I have no right to deny them that and those that do are racists.” Mann observed that the word “Zionist” has become “a pejorative insult by the Labor Party” under leader Jeremey Corbyn, effectively denying Jews the right to their own homeland.

  • Waco: how the siege became a symbol of government oppression

    A 51-day confrontation between the FBI and the Branch Davidians – a small offshoot of the Seventh Day Adventists – came to a tragic end outside Waco, Texas on 19 April 1993. Controversy still rages over whether the Davidians started the fire in order to commit mass suicide, or if it was the FBI’s assault which was responsible for the inferno. Researchers have described the siege as a “critical incident” – an event that highlights and exacerbates existing fault lines in society. “Waco” has therefore become cultural shorthand for expressing tensions within American politics and culture.

  • The deaths of 76 Branch Davidians in April 1993 could have been avoided – so why didn’t anyone care?

    Throughout the 6-week ordeal near Waco, Texas, media coverage of the ATF raid and FBI siege depicted the Branch Davidians as a cult with David Koresh exercising total control over mesmerized followers. It was a narrative that federal law enforcement agencies were happy to encourage, and it resonated with the public’s understanding of so-called “cults.” The story that has emerged is much more complex – and makes one wonder if the tragedy could have been avoided altogether.

  • Activists cry foul as Russian court orders Telegram app blocked

    A Moscow court has issued an order to block access to Telegram, ruling in favor of the state and against the defiant self-exiled Russian entrepreneur who created the popular messaging app. The 13 April ruling was expected, but is certain to deepen concerns that the government is seeking to close avenues for dissent as President Vladimir Putin heads into a new six-year term. Amnesty International warned that blocking Telegram would be “the latest in a series of attacks on online freedom of expression” in Russia.

  • Carbon taxes could make significant dent in climate change, study finds

    Putting a price on carbon, in the form of a fee or tax on the use of fossil fuels, coupled with returning the generated revenue to the public in one form or another, can be an effective way to curb emissions of greenhouse gases. That’s one of the conclusions of an extensive analysis of several versions of such proposals, carried out by researchers at MIT and the National Renewable Energy Laboratory (NREL).

  • New approaches are needed to protect consumer data

    Facebook’s current privacy crisis and questions about how Google gathers, uses and stores our personal information demonstrate an urgent need to review and replace inadequate and outdated ways to regulate data and information, according to a business law expert.

  • Paper trails and random audits could secure all elections – don’t save them just for recounts in close races

    As states begin to receive millions of federal dollars to secure the 2018 primary and general elections, officials around the country will have to decide how to spend it to best protect the integrity of the democratic process. If voters don’t trust the results, it doesn’t matter whether an election was actually fair or not. Right now, the most visible election integrity effort in the U.S. involves conducting recounts in especially close races. A similar approach could be applied much more broadly.

  • Georgia passes anti-cyber whistleblower bill

    Despite the vigorous objections of the cybersecurity community, the Georgia legislature has passed a bill which would open independent researchers who identify vulnerabilities in computer systems to prosecution and up to a year in jail. Critics of the bill say that Georgia has positioned itself as a hub for cybersecurity research, but the bill would make cybersecurity firms think twice about relocating to Georgia.

  • Former Justice Stevens’s call for repealing the2nd Amendment: Compelling, hazardous

    On 27 March, former U.S. Supreme Court Justice John Paul Stevens wrote an op-ed article calling for the repeal of the Second Amendment. Gregory Magarian, a former clerk for Justice Stevens and now a law professor specializing in constitutional law, says that Justice Stevens makes a compelling historical and legal case for amending the Constitution to repeal the Second Amendment, but that the path he advocates would present distinctive challenges and hazards.

  • A court case could set precedent for climate change litigation

    A closely watched federal trial pitting two cities against major oil companies has taken surprising and unorthodox turns. Stanford researchers examine the case, which could reshape the landscape of legal claims for climate change-related damages.

  • Russians are hacking our public-commenting system, too

    Russia has found yet another way surreptitiously to influence U.S. public policy: Stealing the identities of real Americans and then using these identities to file fake comments during the comment submission period preceding the formulation of public policies. For example, in the course of its deliberations on the future of Internet openness, the FCC logged about half a million comments sent from Russian email addresses – but, even more unnerving, it received nearly eight million comments from email domains associated with FakeMailGenerator.com with almost identical wording. Researchers, journalists, and public servants have found a wide range of fake comments and stolen identities in the public proceedings of the Labor Department, Consumer Financial Protection Bureau, Federal Energy Regulatory Commission, and Securities and Exchange Commission.