Sep

    Global Operators: Cyber Hacking and Attribution

    Washington, DC, 2 PM GMT

    A non-CLE program presented by the ABA Section of International Law

    Sponsored by the ABA Section of International Law Export Controls & Economic Sanctions Committee, Co-sponsored by the Section of International Law National Security Committee and International Trade Committee.

    Wednesday, September 5, 2018, 2:00 p.m. - 4:00 p.m. ET

    The American Bar Association
    1050 Connecticut Ave., NW
    Suite 570
    Washington, DC 20036
    Teleconference option available!

    A major issue in responding to Cyber Operations is the question of attribution. As with ‘rules of engagement’ in combat, both law and policy have assumed stringent requirements of positive identification of adversaries. This is a very hard standard to meet in the world of cyberspace where actors usually cloak themselves in anonymity and can assume false identities. Making headway on this issue is critical to both a reasoned response to cyber action as well as any hope of a satisfactory ‘legal finish’.

    One way forward may be to explore how political cultures or “world views” of cyber operators influence their methods of operations and thus leave an unintended fingerprint. Is it possible to compare, contrast and identify the methods and assumptions employed by State Actors and their proxies such as the Russian Federation, the People’s Republic of China and others, including non-state actors? Might that bring us closer to identification and attribution of liability?

    This need not be a passive undertaking. In conventional military operations, friendly forces’ deception and ‘false flag’ operations have been used in the past to better understand adversary operations. Might similar methodologies be employed in the Cyber context to both uncover and identify tactics, methods and objectives?

    Our panel of experts will analyze these and other pressing questions by comparing methodologies in establishing causative links and better enabling the United States and the international community to identify the bad actors involved. Further, our experts will discuss attribution to such operations and it’s relation to the quantum of evidence required under both international and domestic law for attribution and response, including the use of economic sanctions.

    Teleconference option available! Dial-in information will be sent to all registrants the day before the program.

    Moderator:

    • Jonathan M. Meyer, Attorney at Law, New York, New York

    Speakers:

    • Sandy Hodgkinson, SVP Strategy and Chief of Staff, Leonardo DRS, and retired U.S. Navy JAG reserve, Alexandria, Virginia
    • Andrew D. Levitz, General Counsel to the Office of Naval Intelligence, Washington, DC
    • Christopher B. Porter, Senior Fellow, Atlantic Council, Chief Intelligence Strategist, FireEye, Reston, Virginia
    • Christopher Skinner, Principal, Squire Patton Boggs, LLP, Washington, DC
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    Global Operators: Cyber Hacking and Attribution

    Event Details

    Format

    In-Person

    Date

    Sep 05, 2018

    2018-09-05T14:00:00 2018-09-05T16:00:00 Global Operators: Cyber Hacking and Attribution

    A non-CLE program presented by the ABA Section of International Law

    Sponsored by the ABA Section of International Law Export Controls & Economic Sanctions Committee, Co-sponsored by the Section of International Law National Security Committee and International Trade Committee.

    Wednesday, September 5, 2018, 2:00 p.m. - 4:00 p.m. ET

    The American Bar Association
    1050 Connecticut Ave., NW
    Suite 570
    Washington, DC 20036
    Teleconference option available!

    A major issue in responding to Cyber Operations is the question of attribution. As with ‘rules of engagement’ in combat, both law and policy have assumed stringent requirements of positive identification of adversaries. This is a very hard standard to meet in the world of cyberspace where actors usually cloak themselves in anonymity and can assume false identities. Making headway on this issue is critical to both a reasoned response to cyber action as well as any hope of a satisfactory ‘legal finish’.

    One way forward may be to explore how political cultures or “world views” of cyber operators influence their methods of operations and thus leave an unintended fingerprint. Is it possible to compare, contrast and identify the methods and assumptions employed by State Actors and their proxies such as the Russian Federation, the People’s Republic of China and others, including non-state actors? Might that bring us closer to identification and attribution of liability?

    This need not be a passive undertaking. In conventional military operations, friendly forces’ deception and ‘false flag’ operations have been used in the past to better understand adversary operations. Might similar methodologies be employed in the Cyber context to both uncover and identify tactics, methods and objectives?

    Our panel of experts will analyze these and other pressing questions by comparing methodologies in establishing causative links and better enabling the United States and the international community to identify the bad actors involved. Further, our experts will discuss attribution to such operations and it’s relation to the quantum of evidence required under both international and domestic law for attribution and response, including the use of economic sanctions.

    Teleconference option available! Dial-in information will be sent to all registrants the day before the program.

    Moderator:

    • Jonathan M. Meyer, Attorney at Law, New York, New York

    Speakers:

    • Sandy Hodgkinson, SVP Strategy and Chief of Staff, Leonardo DRS, and retired U.S. Navy JAG reserve, Alexandria, Virginia
    • Andrew D. Levitz, General Counsel to the Office of Naval Intelligence, Washington, DC
    • Christopher B. Porter, Senior Fellow, Atlantic Council, Chief Intelligence Strategist, FireEye, Reston, Virginia
    • Christopher Skinner, Principal, Squire Patton Boggs, LLP, Washington, DC

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