No Security Through Obscurity: Changing Circumvention Law to Protect our Democracy Against Cyberattacks

Cybersecurity is increasingly vital in a climate of unprecedented digital assaults against liberal democracy. Russian hackers have launched destabilizing cyberattacks targeting the United States’ energy grid, voting machines, and political campaigns. America\u27s existing inadequate cyber defenses operate according to a simple assumption: hide the computer code that powers critical infrastructure so that America\u27s enemies cannot exploit undiscovered weaknesses. Indeed, the intellectual property regime relies entirely on this belief, protecting those who own the rights in computer code by punishing those who might access and copy that code. This “security through obscurity” approach has failed. Rightsholders, on their own, cannot develop effective countermeasures to hacking because there are simply too many possibilities to preempt. The most promising solution, therefore, is to open the project of cybersecurity to as many talented and ethical minds as possible. Openness, not civil remedies and secrecy, is a greater means of ensuring safety. This Article proposes that we adopt a “defense in depth” approach to security that will increase transparency by modifying anticircumvention laws and by facilitating communication between the security community and product vendors

Incapacity

In this highly original study of the nature of performance, Spencer Golub uses the insights of Ludwig Wittgenstein into the way language works to analyze the relationship between the linguistic and the visual in the work of a broad range of dramatists, novelists, and filmmakers, among them Richard Foreman, Mac Wellman, Peter Handke, David Mamet, and Alfred Hitchcock. Like Wittgenstein, these artists are concerned with the limits of language’s representational capacity. For Golub, it is these limits that give Wittgenstein’s thought a further, very personal significance—its therapeutic quality with respect to the Obsessive Compulsive Disorder from which he suffers. Underlying what Golub calls “performance behavior” is Wittgenstein’s notion of “pain behavior”—that which gives public expression to private experience. Golub charts new directions for exploring the relationship between theater and philosophy, and even for scholarly criticism itself