3 credits

This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats? What are the norms emerging through state practice? How should we fill in the gaps? Who should make these decisions? How should they be enforced? The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This class will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. NOTES: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.