Michael N. Schmitt & Sean Watts[*] [Full text of this Article in PDF is available at this link] I. Introduction In May 2019, during remarks at the annual International Conference on Cyber Conflict, Estonian President Kersti Kaljulaid offered her government’s views on a number of key international legal questions relating to cyberspace.[1] Expressing concern at […]
Before “National Security”: The Espionage Act of 1917 and the Concept of “National Defense”
Daniel Larsen[*] [Full text of this Article in PDF is available at this link] I. Introduction The Trump Administration’s 2019 indictment of Julian Assange[1] under the Espionage Act of 1917[2] set off a wave of alarm across the press.[3] A decade earlier, the Obama Administration had launched what was called a “war on leakers”[4] as […]
Contemptuous Speech: Rethinking the Balance Between Good Order and Discipline and the Free Speech Rights of Retired Military Officers
Pavan S. Krishnamurthy & Javier Perez[*] [Full text of this Article in PDF is available at this link] I. Introduction On June 3, 2020, General (ret.) James Mattis addressed protesters who were physically dispersed from Lafayette Square to facilitate what he considered to be a photo opportunity by President Trump at St. John’s Church in […]
The Evolution and Jurisprudence of the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review
Laura K. Donohue[*] [Full text of this Article in PDF is available at this link] I. Introduction In 1978, Congress passed the Foreign Intelligence Surveillance Act (FISA) to govern domestic electronic intercepts undertaken for foreign intelligence purposes.[1] The statute represented the culmination of years of hearings directed to understanding the scope of surveillance programs conducted with […]
Direct Participation in Hostilities in the Age of Cyber: Exploring the Fault Lines
Brig. Gen. (ret.) David Wallace, Col. Shane Reeves, and Maj. Trent Powell [*] [Full text of this Article in PDF is available at this link] I. Introduction Civilians contribute to nearly every war effort, and always have. Throughout history, non-military personnel have supplied logistic, economic, administrative, and political support to parties in armed conflicts. When civilian […]
Gray Zone Tactics and the Principle of Non-Intervention: Can “One of the Vaguest Branches of International Law” Solve the Gray Zone Problem?
Elizabeth K. Kiessling[*] [Full text of this Article in PDF is available at this link] I. Introduction States increasingly use their military forces to execute “gray zone tactics” in pursuit of strategic objectives.[1] These tactics exceed the limits of accepted peacetime competition between states but avoid rising to a level that would warrant a conventional military […]