This lecture introduces law students to legal aspects of US government cyberspace operations by examining international law and norms and US law and policy. Full spectrum cyberspace operations are conducted by multiple disciplines, each with their own and sometime overlapping authorities. This lecture covers the applicable legal regimes and international norms related to cyberspace and conflict. While cybersecurity professionals focus on the technical aspects of cybersecurity, the legal and international aspects are equally important.
After attending this lecture, law students should be able to:
Describe the political and legal dimensions of U.S. cyber operations
Describe international and customary law aspects of cyber operations
Provide a summary of U.S. laws and policies pertaining to cyber operations
Discuss the key policy and legal issues related to cyber operations in the United States
Identify the roles and responsibilities of U.S. Government agencies and departments engaged in cyber operations
Understand the legal aspects of full spectrum DoD cyberspace operations – security; defense; exploitation; and attack
Robert Clark is an IBM attorney who also serves as a Legal Academia Ambassador under the IBM Global University Program for Legal Academia. The objective of the program is for IBM to partner with law schools throughout the world to help produce tech-savvy lawyers who will possess the competence and confidence to effectively represent their clients in technology-related matters (e.g., Artificial Intelligence, Blockchain, Cloud Computing, Cybersecurity & Data Privacy, Data Science, Design Thinking, Internet of Things, Quantum Computing).
His cyber law and policy career spans several government organizations having him involved in cyber issues from the Army to the National Security Council. He has held the following positions: cyber operational lawyer at the Army Cyber Command and Army Cyber Institute, United States Military Academy; Distinguished Professor of Law (Cyber) at the United States Naval Academy; Cybersecurity Information Oversight & Compliance Officer at the DHS, Office of Cybersecurity and Communications; legal advisor to the Navy CIO; United States Computer Emergency Readiness Team; and the Army's Computer Emergency Response Team. In these positions, he has provided advice on all aspects of the full of spectrum cyberspace operations. He interacts regularly with numerous government agencies and is a past lecturer on many cyber legal issues, such as: hacking back and encryption at FS-ISAC; Palo Alto Ignite; SC Congress; Black Hat; DEFCON; and AusCERT. He received his Bachelor's degree from the University of Michigan; his Juris Doctorate (J.D.) degree from Michigan State University College of Law; and his Master of Laws (LL.M.) from the Judge Advocate General's School of the United States Army.