The US policy of “defend forward” and “persistent engagement” in cyberspace raises the stakes of this attribution question as a matter of both international and domestic law. 

Platforms’ ability to assess the context of content plays a major role in determining whether “new school regulation” sets proportional limits to freedom of speech.   

The “techlash” of the past few years represents a moment of quasi-constitutional upheaval for the internet. The way a few private companies have been “governing” large parts of the digital world has suff...

This Lawfare post summarizes a longer essay we are publishing today with the Hoover Working Group on National Security, Technology and Law. Our essay addresses whether governments ever have a justified b...

In the wake of Russian interference in the 2016 election campaign, technology companies are facing unprecedented scrutiny from the media and within government.

As I noted in my post yesterday, the Chinese government has declined to clarify how and whether it believes the international law governing the use of applies to cyber warfare. Its refusal to do so has d...