Articles

Despite one of the most extensive sanctions regimes in history, including an embargo on missile technologies, North Korea has taken huge steps forward in its ballistic missile programme. Daniel Salisbury explores the limitations of, and challenges of implementing, supply-side approaches to missile nonproliferation. Considering North Korea’s recent progress and efforts to evade sanctions, the article highlights the continuing need to strengthen efforts to counter illicit trade in missile-related technologies.

Over the past two decades, the United States has increasingly turned to targeted sanctions and export restrictions, such as those imposed against Iran and North Korea, in order to curb the spread of weapons of mass destruction. One vexing problem, however, is how to contend with jurisdictional hurdles when the violations occur overseas, in countries that are unable or unwilling to assist US enforcement efforts. To solve this problem, US prosecutors are turning to strategies with significant extraterritorial implications—that is, exercising legal authority beyond national borders. One such tool is to use civil legal procedures to seize assets linked to sanctions or export-control violations in jurisdictions that lack cooperative arrangements with US enforcement agencies. While this may be an attractive strategy to bolster enforcement efforts against overseas illicit procurement, using such tools is not without consequence. This article explores the political, legal, and technical implications of enforcing extraterritorial controls against overseas non-state actors by exploring the recent uses of civil-asset forfeiture against Iranian and North Korean procurement networks.

This article compares state activities to control the international spread of malware with efforts to counter the proliferation of weapons of mass destruction (WMD).

As cyber weapons are incorporated into US military planning, policy makers and field commanders will increasingly confront a core issue: How to formulate the rules of engagement (ROEs) for US forces with regard to military operations that may use such weapons. Michael Sulmeyer, Herbert Lin, and C. Robert Kehler address ROEs from the perspective of US military operators. 

"Whether you are a cybersecurity professional, policymaker, or student, this article is a beginner's guide to understanding the 'musical scales' of cyberwar. Using the analogy of a piano keyboard, it aims to promote an understanding of what constitutes a use of force in cyberspace and how a state may lawfully respond."

This article analyzes the congressional history of so-called "Internet kill switch" bills and two domestic cases of a denial-of-access to local Internet connections.