Emory International Law Review

Volume 26Issue 2
Symposium: International Law and the Internet: Adapting Legal Frameworks in Response to Online Warfare and Revolutions Fueled by Social Media

From Cyber Attacks to Social Media Revolutions: Adapting Legal Frameworks to the Challenges and Opportunities of New Technology

Kristen E. Tullos | 26 Emory Int'l L. Rev. 733 (2012)

In June 2010, a security firm in Belarus detected a new cyber worm on a client’s computer in Iran. As experts worked to untangle its pieces and understand its purpose, they quickly realized that the worm, called Stuxnet, was one of the most sophisticated and expensive pieces of malware ever created. Although the United States has yet to officially acknowledge responsibility for Stuxnet, the National Defense Authorization Act for Fiscal Year 2012 included provisions authorizing the military to conduct offensive operations in cyberspace.

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Click to Change: Optimism Despite Online Activism’s Unmet Expectations

Ryan Hal Budish | 26 Emory Int'l L. Rev. 745 (2012)

On May 20, 2012, in response to tweets about “blasphemous drawings,” Pakistan blocked Twitter for eight hours before the Prime Minister intervened to restore access. During that period, hundreds of Pakistanis visited Herdict, a Harvard University project for tracking Internet censorship and web blockages, and filed numerous inaccessible reports, allowing us to see blockages in real time. Similarly, when China blocked The New York Times in late October 2012, in response to a story about the wealth of Prime Minister Wen Jiabao, Herdict received several inaccessible reports from China for the news site. These events epitomize the importance of projects that track the openness of the Internet.

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Cyber Deterrence

Eric Talbot Jensen | 26 Emory Int'l L. Rev. 773 (2012)

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance.

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State Sovereignty and Self-Defense in Cyberspace: A Normative Framework for Balancing Legal Rights

Catherine Lotrionte | 26 Emory Int'l L. Rev. 825 (2012)

Today’s threats recognize no national boundaries, are connected, and must be addressed at the global and regional as well as the national levels. When warranted, [the United States] will respond to hostile acts in cyberspace as we would to any other threat to our country. All states possess an inherent right to self-defense . . . . [We recognize] that hostile acts conducted through cyberspace could compel actions under the commitments we have with our military treaty partners . . . America must also face the rapidly growing threat from cyber-attacks. Now, we know hackers steal people¿s identities and infiltrate private emails. We know foreign countries and companies swipe our corporate secrets. Now our enemies are also seeking the ability to sabotage our power grid, our financial institutions, and our air traffic control systems. We cannot look back years from now and wonder why we did nothing in the face of real threats to our security and our economy.

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Internet Freedom and the Role of an Informed Citizenry at the Dawn of the Information Age

Sascha Meinrath, Marvin Ammori | 26 Emory Int'l L. Rev. 921 (2012)

More than sixty years ago, civil rights activists realized that the most effective route to bettering our country was through mass social movements, civil disobedience, and judicial review. In law school, reading Brown v. Board of Education and Cooper v. Aaron, you might get the mistaken impression that the judicial branch was the focus of the debate, or the most important agent of change. But this litigation was a purposeful and well-thought-out facet of a far broader social movement and organizing strategy. This social movement focused on a key normative question for civil society: Who can participate in our democracy as a full citizen—with an equal vote, equal treatment under the law, equal access to education, and all the other social resources necessary to enjoy true liberty—and have a meaningful say in our government?

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