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Articles by Paul Rosenzweig
Paul Rosenzweig is a prolific author, read a sampling of some of Paul’s most notable publications.

DHS Cybersecurity Authorities
One of the things that has struck me about the debate concerning cybersecurity legislation is that we don’t have a really good baseline of existing legal authorities for the protection of cyberspace. Slowly, that is changing. Here is one offering –…

Cybersecurity and Civil Liability
One of the issues we discussed regarding the proposed cybersecurity bills in the Senate was the question of a regulatory system to identify best practices and require them for critical infrastructure. I was then, and remain, skeptical of the idea.…

Latest Draft of the White House Cybersecurity Executive Order
Here it is … this version is dated November 21, 2012, so it seems to be the current iteration: White House Draft Executive Order (Dated 11-21-12). Analysis to follow ….. Here it is … this version is dated November 21, 2012, so it seems to be…
Of Gooses and Ganders and Cybersecurity
Readers will recall our earlier discussion of the House Intelligence Committee report that called two Chinese companies, Huawei and ZTE threats to American information security. Well, it hasn’t taken long for a Chinese response — though an…

US v. Stanley and Moocherhunter
Over at the Volokh Conspiracy, my friend Orin Kerr has a fascinating post on the case of US v. Stanley. It isn’t strictly cybersecurity but the case itself is still worth reading. For those who want a quick summary:The police traced a child…

Cybersecurity and the International Telecommunication Union
As close readers of Lawfare will be aware (but many others will not) the International Telecommunication Union (ITU) will be meeting next month in Dubai. The ITU, a relative backwater of the UN, has long had ministerial responsibilities for…

A Presidential Cyber LOAC Directive
While the Senate was making a feint at legislation yesterday, far more significant cyber news was disclosed. According to the Washington Post President Obama has signed a new Presidential Policy Directive that assigns roles and responsibilities for…

Here Comes the Cyberecurity EO
As I noted, yesterday the Senate returned, briefly to consideration of the Cybersecurity Act of 2012. The rather half-hearted effort (I think that’s a fair characterization) ended as was inevitable — in fact, the motion to proceed to full…

Obama’s Cyber Executive Order: More Government Control of the Network
The Administration has now released a draft executive order (EO) on cybersecurity,[1] and with President Obama’s recent re-election, the likelihood that the EO will be issued has only increased. Furthermore, Senate majority leader Harry Reid (D–NV)…

Cybersecurity, Christmas Trees, and the Grinch
As I noted yesterday, Senator Reid has announced that the Cybersecurity Act of 2012 will return to the floor for consideration sometime before Thanksgiving (possibly as early as tomorrow). According to the Senate the procedure is that “a motion to…