Document Type
Working Paper
Publication Date
2020
Abstract
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.
Disciplines
Comparative and Foreign Law | Computer Law | Constitutional Law | International Law | Internet Law | Law | Military, War, and Peace | National Security Law
Recommended Citation
Matthew C. Waxman,
Cyberattacks and the Constitution,
The Hoover Institution Working Group on National Security, Technology & Law, Aegis Series Paper No. 2007; Columbia Public Law Research Paper No. 14-675
(2020).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2725
Included in
Comparative and Foreign Law Commons, Computer Law Commons, Constitutional Law Commons, International Law Commons, Internet Law Commons, Military, War, and Peace Commons, National Security Law Commons