Do the existing laws of war deal adequately, if at all, with war in cyberspace? The panel will explore this and related questions, assessing how existing international law translates into war in cyberspace and what, if any, adjustments might be required to accommodate the new realities of war in an information age.
Moderator: Duncan Hollis, Temple University School of Law
Jack Beard, University of California-Los Angeles, School of Law Eliana Davidson, U.S. Department of Defense, Office of the General Counsel Knut Doermann, International Committee of the Red Cross Robin Geiss, International Committee of the Red Cross Herb Lin, National Research Council of the National Academies
Jack Beard teaches Public International Law, National Security Law, and a seminar entitled U.S. Constitution and Foreign Affairs at UCLA. From 1990 to 2004, he served as Associate Deputy General Counsel (International Affairs), Office of the Secretary of Defense, and was responsible for legal matters related to international defense cooperation and status of forces issues, nonproliferation and international nuclear material control activities, and programs assisting states of the former Soviet Union in the dismantlement of weapons of mass destruction.
He served as the senior legal adviser on U.S. Government delegations negotiating numerous international agreements in the former Soviet Union and the Near East and South Asia Region. Prior to joining the Office of General Counsel in 1990, he held several positions in government and was also previously engaged in private law practice in Washington, D.C. He has written articles on international law and the use of force, the law of war, terrorism, and international efforts to prevent the proliferation of weapons of mass destruction.
Eliana Davidson is an Intelligence Deputy General Counsel for the Office of the General Counsel in the United States Department of Defense. She has been involved in the Report of the Commission on Human Rights.
Knut Doermann is a principal member of the International Committee of the Red Cross and the co-author of Elements of War Crimes Under the Rome Statute of the International Criminal Court: Sources and Commentary.
Robin Geiss is legal advisor at the Legal Division of the International Committee of the Red Cross.
She has published many scholarly articles, including "Armed violence in fragile states: Low-intensity conflicts, spillover conflicts, and sporadic law enforcement operations by third parties" in the ICRC, or the International Review of the Red Cross.
Professor Duncan B. Hollis's scholarship focuses on issues of positivism and authority in international and foreign affairs lawâ€”asking who is it that exercises authority in the formation, interpretation and application of international law, and who is it that has the authority to apply such law to, or for, national actors.
Hollis uses treaties as the focal point for this research, examining the status of treaties, and treaty-makers, from international, comparative and constitutional perspectives.
Dr. Herbert Lin is chief scientist at the Computer Science and Telecommunications Board, National Research Council of the National Academies, where he has been study director of major projects on public policy and information technology.
Prior to his NRC service, he was a professional staff member and staff scientist for the House Armed Services Committee (1986-1990), where his portfolio included defense policy and arms control issues. He received his doctorate in physics from MIT.
Computer scientist Herb Lin distinguishes between two categories of cyber operations: cyber attack, and cyber exploitation. A cyber attack, he says, is perpetrated to "destroy, degrade, disrupt" an adversary's information technology, while cyber exploitation is an act of stealthy information theft.