Criminal Justice & the Rule of Law Cybersecurity & Tech

Cyber Sanctions and Idle Threats

Paul Rosenzweig
Wednesday, March 2, 2016, 7:05 PM

As a young boy, I would sometimes be bullied by my peers. But even worse than the bullying was the perception of being unable to respond. If I said something like "do that again and I'll hit you" the harsh response would be the taunt "idle threats" -- a sign that my bully knew I was bluffing and had no real response.

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As a young boy, I would sometimes be bullied by my peers. But even worse than the bullying was the perception of being unable to respond. If I said something like "do that again and I'll hit you" the harsh response would be the taunt "idle threats" -- a sign that my bully knew I was bluffing and had no real response.

I was reminded of these painful memories from my youth, today, at the RSA Conference during a discussion of America's response to state-sponsored economic espionage. Why? Because we are coming up on the one year anniversay of President Obama's Executive Order, "Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities" and, at least as far as the public record reflects the substantial new sanction powers have not been used -- AT ALL. Now, I am more than willing to accept a high degree of caution in deploying a new legal tool. And I am more than willing to acccept that it takes a while to lay the groundwork for implementiing a new sanctons regieme. But is it really the case that in over a year, we have not been able to identify a single person in the entire world who is engaged in significant malicious cyber-enabled activities that warrant response? Or was this EO just an idle threat that the bullies can ignore?


Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University, a Senior Fellow in the Tech, Law & Security program at American University, and a Board Member of the Journal of National Security Law and Policy.

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