National Security & Cybersecurity Law Concentration

U.S. law (and incorporated international law) affecting national security. Topics may include the use of armed force abroad (general war, defensive war and reprisal, peace and stabilization operations); intelligence operations abroad (history, organization and oversight, legal issues in the field); selected issues of counterterrorism; and access to and protection of classified information (classification, Freedom of Information Act (FOIA), state secrets privilege, leak control, prior restraints on publication). (Proctored examination on campus, take-home examination online)

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyber domain. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Take-home examination)

This course examines basic technical concepts relevant to the law. It is designed as a foundational course that will introduce students to key terms and concepts related to cybersecurity. The course will provide a basic understanding of cybersecurity topics that will empower students to more easily identify, understand, and analyze associated legal issues. This course is recommended for students who have little to no technical knowledge but intend to enroll in cyber-related courses as part of their academic curriculum. Students who have prior technical knowledge should not enroll in this course. This course is graded on a CR/NC basis. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Mid-term take-home examination and final take-home examination)

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyber domain. Also, examination of basic terms and concepts relevant to cybersecurity technology required to identify, understand, and analyze associated legal issues. Students who receive credit for Law 6879, Cybersecurity Law and Policy or Law 6884, Technology Foundations for Cybersecurity may not enroll in this course. (Writing assignments and take-home examination)

The nature and origins of the federal government’s foreign relations powers; cooperation and competition between the executive and legislative branches; the role of the courts in foreign affairs; limitations on state powers touching on foreign affairs; treaties, executive agreements, and customary international law and their relationship to U.S. domestic law; the extraterritorial application of U.S. law; and sovereign and official immunities. (Proctored examination)

Focus on speech on the internet, including governmental attempts to control or filter speech, intermediary liability for third-party speech, digital rights management and other copyright issues, and domain names as speech. The rules and institutions that permit or disallow governance of these issues. Students may not receive credit for both Law 6493, Internet Law and 6485, Law in Cyberspace. (Take-home examination).

This course explores the cross-disciplinary legal and policy aspects of artificial intelligence (AI). Analysis of the impact of AI on society and the ability of current legal and regulatory frameworks to address issues arising from the use and deployment of AI. Introduction to emerging technology and evaluation of the complex and evolving set of legal, ethical, and social issues presented by their use. Examination of the legal, social, ethical, economic, and technical implications for society generally and national security specifically. Topics include the technology of AI, its development in the broader context of historical developments in technology, its growth and impact across various sectors in society, and evaluation of its impact on national and global security. This also will include the potential development and use of autonomous weapons systems and its compatibility with international humanitarian law principles. (Take-home examination (2-credit, online section or 2-credit, on-campus section) or proctored examination (3-credit, on campus))

The fundamental U.S. legal, policy, and regulatory framework restricting foreign access to U.S. technology, an area that implicates commercial, trade, and national security laws and policies. Restriction on foreign investment in the United States and access to U.S. technological and other assets, including the respective roles and powers of the Executive and Legislative branches of the federal government; related commercial, legal and policy issues surrounding critical technologies; and, how foreign access to U.S. technology straddles commercial, trade and national security law and policy. Increased United States restriction of foreign access to U.S. technology, such as through Defense Production Act amendments and expanded authority of the Committee on Foreign Investment in the United States to review foreign investment involving technology and personal data, targeted export controls and sanctions enforcement, criminal prosecutions, and curbs on foreign participation in U.S. academic and research settings. (Take-home examination)

Information privacy law, including the development of constitutional, tort, contract, property, and statutory law to address emerging threats to privacy. Privacy and the media, privacy and law enforcement, workplace privacy, privacy and online transactions, medical and genetic privacy, and privacy and personal records and information. (Examination)

This course focuses on regulation of consumer privacy and data protection. In-depth review of the two major approaches to such regulation, the U.S. approach and the EU approach, and the various dimensions and components of privacy laws. Structural dimensions of laws examined include individual rights, consent, harm, sensitive data, accountability, automated decisions, data security, and enforcement. Emerging issues covered include algorithms, artificial intelligence, machine learning, technological design, platform governance, behavioral advertising, and cyber civil rights. Prior enrollment in 6486 is recommended. (Proctored online examination)

This course explores the law and best practices for cybersecurity risk management and incident response, with particular reference to critical infrastructure systems such as the electric grid. A series of tabletop exercises will give students hands-on training in counseling board members and organizational senior leadership and working with technical and administrative managers, law enforcement, and regulators. This course will also address the increasing role of artificial intelligence in cybersecurity. Students who have enrolled in Law 6892 Selected Topics in Cybersecurity Law: Protecting Critical Infrastructure: Meeting Cybersecurity and National Security Threats or Law 6892, Selected Topics in Cybersecurity Law: Risk Management and Incident Response: Legal Approaches may not take this course. Prerequisites or concurrent registration: Law 6879 and 6884 or 6890. (Take-home examination and class participation)