Full Description
In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US--possessor of the world's most powerful cyber arsenal--responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace--albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.
Contents
Introduction by Jack Goldsmith
Part I: Background
1. Defend Forward and Persistent Engagement by Gary Corn & Emily Goldman
2. Scenarios for Defend Forward
3. U.S. Cyber Command's First Decade by Michael Warner
Part II: Domestic Framework
4. The Domestic Legal Framework for U.S. Military Cyber Operations by Robert Chesney
5. Cyberattacks and the Constitution by Matthew C. Waxman
6. Defend Forward and the FBI by James Baker & Matt Morris
Part III: International Law Framework
7. Defend Forward and Sovereignty by Jack Goldsmith & Alex Loomis
8. Defend Forward and Cyber Countermeasures by Ashley Deeks
9. Covert Deception, Strategic Fraud, and the Rule of Prohibited Intervention by Gary Corn
10. Due Diligence and Defend Forward by Eric Talbot Jensen and Sean Watts
11. Defend Forward and Attribution by Kristen E. Eichensehr
Part IV. Comparative Perspectives
12. Persistent Aggrandizement? Israel's Cyber Defense Architecture by Elena Chachko
13. Defend Forward and the United Kingdom's Legal System by Robert Chesney
