Habeas Corpus Writ of Liberty, Boumediene and Beyond

This book review focuses on Robert Walker\u27s Habeas Corpus Writ of Liberty: English and American Origins and Development

Smart Factories, Dumb Policy? Managing Cybersecurity and Data Privacy Risks in the Industrial Internet of Things

Interest is booming in the so-called Internet of Things (IoT). The Industrial Internet of Things (IIoT) is one application of this trend and involves the use of smart technologies in a manufac- turing context. Even though these applications hold the promise to revolutionize manufacturing, there are a number of outstand- ing cybersecurity and data privacy issues impacting the realiza- tion of the myriad benefits promised by IIoT proponents. This ar- ticle analyzes some of these pressing issues, focusing on: (1) critical infrastructure protection and cybersecurity due diligence, (2) trends in transatlantic data privacy protections, and (3) the regulation of new technologies like artificial intelligence (AI) and blockchain. The aticle concludes with a list of recommendations for state and federal policymakers to consider in an effort to harden the IIoT along with the supply chains critical to the con- tinued development of smart factories

Seeking a Safe Harbor in a Widening Sea: Unpacking the Schrems Saga and What It Means for Transatlantic Relations and Global Cybersecurity

The Article is structured as follows. Part I examines Schrems I (Schrems v. Data Protection Commissioner) and the fall of the Safe Harbor regime. Part II analyzes Schrems II (Data Protection Commissioner v. Facebook & Max Schrems) along with the rise and fall of Privacy Shield. Part III focuses on opportunities to bridge the data governance divide and present a united front to help ensure a free, open, interoperable, secure, and resilient vision for cyberspace. This abstract has been adapted from the author\u27s introduction

On Climate Change and Cyber Attacks: Leveraging Polycentric Governance to Mitigate Global Collective Action Problems

Although cyberspace and the atmosphere are distinct arenas, they share similar problems of overuse, difficulties of enforcement, and challenges of collective inaction and free riders. With weather patterns changing, global sea levels rising, and temperatures set to exceed 1.5 degrees Celsius by 2100, climate change is a problem that affects the entire world. Yet its benefits are dispersed, and its harms are often concentrated. Similarly, much of the cost of cyber attacks is focused in a few nations even as others are becoming havens for cybercriminals. Yet it is also true that actions taken by a multiplicity of actors on a small scale can impact both the global climate change problem and the cause of promoting a global culture of cybersecurity. This Article tracks the evolution of the climate change regime, focusing both on the top-down UN Framework Convention on Climate Change and bottom-up bilateral and regional efforts, and then compares and contrasts this history with Internet governance. The potential of polycentric governance to mitigate the twin global collective action problems of climate change and cyber attacks is assessed as policymakers increasingly head toward a polycentric future

Have You Updated Your Toaster? Transatlantic Approaches to Governing the Internet of Everything

As Internet-connected devices become ubiquitous, it remains an open question whether security— or privacy—can or will scale, or whether a combination of perverse incentives, new problems, and new impacts of old problems like “technical debt” amassing from products being rushed to market before being fully vetted, will derail progress and exacerbate cyber insecurity. This Article investigates contemporary approaches to Internet of Things (IoT) governance through an in- depth comparative case study focusing on the European Union (EU) and the United States. Particular attention is paid to the impact on IoT security of the General Data Protection Regulation (GDPR) and the Network Information Security (NIS) Directive in the EU, and the influence of the U.S. National Institute for Standards and Technology Cybersecurity Framework (NIST CSF), with a focus on mitigating the risk of politically motivated attacks on civilians. We analyze reform proposals and apply lessons from major prior Internet governance debates to argue for a polycentric approach to improving IoT security and privacy in the transatlantic context

The Sport of Cybersecurity: How Professional Sport Leagues Can Better Protect the Competitive Integrity of Their Games

From a Major League Baseball scouting director using a cyberattack to break into a competitor’s records, to an NBA franchise being compromised in a phishing scheme, U.S. professional sports leagues are waking up to the fact that cybersecurity is no longer just a problem for the government or tech firms—it has now reached into the playing field, locker room, and boardroom. This Article breaks new ground by examining how the four major U.S. professional sports leagues—Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League—are protecting themselves from these cyber risks that threaten the competitive integrity of their games, and proposes ways in which the leagues could do more to proactively mitigate their cyber risk

Block-by-Block: Leveraging the Power of Blockchain Technology to Build Trust and Promote Cyber Peace

There has been increasing interest in the transformative power of not only crypto-currencies like Bitcoin, but also the technology underlying them-namely blockchain. To the uninitiated, a blockchain is a sophisticated, distributed online ledger that has the potential, according to Goldman Sachs, to change \u27everything. \u27 From making businesses more efficient to recording property deeds to engendering the growth of \u27smart\u27 contracts, blockchain technology is now being investigated by a huge range of organizations and is attracting billions in venture funding. Even the U.S. Defense Advanced Research Projects Agency (DARPA) is investigating blockchain technology to create an unhackable messaging system

Powerhouses: A Comparative Analysis of Blockchain-Enabled Smart Microgrids

For over a century, electricity in the United States has been generated and sold mainly by centralized powerplants. Although this model of power collection and distribution has many advantages, resiliency is a growing problem. Brittle infrastructure and growing complexity have made the nation’s power grid less reliable over the past twenty years. Some technologists believe the solution is to go small. In the past five years, small communities in the United States and overseas have built “micro-grids”—networks of roof-top solar panels that store electricity in communal banks of batteries, combined with software that allows homeowners and businesses to buy and sell this electricity from one another. The designers of these systems believe that the private sale of electricity among neighbors will carry substantial benefits for the public, including the potential to make electricity more reliable, resilient, and renewable. A challenge stands in the way, however: how to effectively and securely govern electricity as a shared resource among neighbors. This symposium Article examines how well blockchain—the technology that brought the world Bitcoin—might help solve this problem by tracking electricity production and sales in a neighborhood. This Article examines this question through three case studies of blockchain-enabled microgrids in the United States, Europe, and Australia. We conclude that some types of blockchain technologies could help make the dream of a peer-to-peer energy commons a reality. Widespread adoption of this technology will require the support and cooperation of local, state, and federal regulators and lawmakers, however