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The United States' "Defend Forward" Cyber Strategy: A Comprehensive Legal Assessment

The United States' "Defend Forward" Cyber Strategy: A Comprehensive Legal Assessment

Author: Jack Goldsmith
Publisher: Oxford University Press
ISBN: 9780197601792

Published In: April 2022
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780197601808

List Price: HKD 1,274.00

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Description
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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.

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