Wednesday, March 6, 2019
Jill I. Goldenziel, Marine Corps University-Command and Staff College; University of Pennsylvania; Harvard University, and Manal Cheema University of Virginia - School of Law, Alumnus or Degree Candidate Author, have published The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare. Here is the abstract.
The United States prides itself on freedom of speech and information. However, enemy states have weaponized these prized freedoms against the United States. The First Amendment, the Privacy Act, and other U.S. laws designed to protect Americans’ civil liberties paradoxically constrain the U.S.’s ability to combat information warfare by its enemies. This Article argues that the United States must reform laws and doctrine protecting freedom of speech, information, and privacy in order to protect the U.S. democratic process and national security. By exploring the example of the Russian threat to the U.S. electoral process, which is the most widely-known example of information warfare against the United States, this Article will illustrate how enemy states wield the United States’ own laws against it. It will also explain how justifiable concerns with infringement on civil liberties have hampered the United States’ response. The Article concludes by making recommendations on how future legislation and policies should balance First Amendment and privacy rights with national security interests.
Download the article from SSRN at the link.