Governance

32 Items

FBI agents leave a raid in Trenton, N.J. on July 19, 2012

Julio Cortez/AP

Discussion Paper - Managing the Atom Project, Belfer Center

The Long Arm

| February 2019

The networks of middlemen and intermediaries involved in the illicit procurement of weapons of mass destruction (WMD)-related goods and technologies often operate outside of the United States, which presents several legal and political challenges regarding U.S. trade control enforcement activities. This report considers the extraterritorial efforts of U.S. law enforcement in counterproliferation-related activities and their implications. In other words, how does the United States contend with violations of its weapons of mass destruction (WMD)-related trade controls in overseas jurisdictions, and what are the implications for broader U.S. and international nonproliferation efforts, as well as wider international security and economic concerns? 

Robert F. Kennedy Department of Justice Building

EdBrown05/Wikimedia

Analysis & Opinions - Lawfare

The Department of Justice Makes the Next Move in the U.S.-Russia Espionage Drama

| Mar. 16, 2017

On March 15, the U.S. DoJ released an indictment against four Russians in one of the most significant hacking-related law enforcement actions to date. Cyber Security Project's Charley Snyder and Dr. Michael Sulmeyer discuss the indictment and its implications.

Analysis & Opinions - The National Interest

Attribution from Behind the Veil of Ignorance

| November 13, 2016

"Perfect selective attribution is the most well-balanced in accounting for social justice and security culture needs. The reason being is that it enables all cyber stakeholders with the freedom of choice in disclosing their true personal and/or organizational attributes to an intended recipient, and equally importantly, to what extent. And although each actor is endowed with the power of freedom of choice, every cyber action is also accompanied by the freedom of failure."

Paper - Potomac Institute for Policy Studies

Cyber Readiness Index 2.0

    Authors:
  • Chris Demchak
  • Jason Kerben
  • Jennifer McArdle
  • Francesca Spidalieri
| November 30, 2015

"Building on CRI 1.0, Cyber Readiness Index 2.0 examines one hundred twenty-five countries that have embraced, or are starting to embrace, ICT and the Internet and then applies an objective methodology to evaluate each country's maturity and commitment to cyber security across seven essential elements."

Journal Article - University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny

Decrypting the Fifth Amendment: The Limits of Self-Incrimination

| October 2012

In "Decrypting the Fifth Amendment: The Limits of Self-Incrimination in the Digital Era," Vivek Mohan and John Villasenor examine the scope of information protected from compelled self-incriminating disclosure by exploring the boundaries of the contents of the mind. They propose a framework for bringing the foregone conclusion doctrine, which was articulated in 1976, into the digital era, and conclude that the question of what constitutes a "testimonial act" must be revisited to proactively ensure that emerging technologies do not eviscerate the Fifth Amendment privilege against self-incrimination.