Army Cyber Institute
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Browsing Army Cyber Institute by Author "Barnsby, Robert E."
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Item Give Them an Inch, They’ll Take a Terabyte: How States May Interpret Tallinn Manual 2.0’s International Human Rights Law Chapter(Texas Law Review, 2017) Barnsby, Robert E.; Reeves, Shane R.An international group of scholars and practitioners with expertise in the legal regimes implicated by peacetime cyber activities authored Tallinn Manual 2.0 between 2013 and 2016 over the course of a series of formal meetings and workshops. Like the Manual itself, it is inevitable that the Manual's IHRL Chapter will be studied and debated endlessly. Less concerned with this overall debate than with the need for practitioners to understand specific assertions made with the human rights Chapter, this Article closely examines certain key terms in the text to ascertain their impact on daily cyber activities at the State (national) level. A granular view of the IHRL Chapter reveals these key terms to be often vague and ill-defined, resulting in definitional gaps capable of being used by States to undermine IHRL progress over time.Item Insecure at any bit rate: why Ralph Nader is the true OG of the software design industry(2019-10-04) Maxwell, Paul ; Barnsby, Robert E.The software design industry lacks standards for both code quality and security; as a result, code vulnerability at the time of a product’s release is often compromised at subsequent, critical junctures in its consumer-use phase. Exacerbating this problem is the fact that developers typically waive all liability for code errors and place the burden of security on unqualified, non-expert users. Although certain legal remedies exist in the US – often in the form of US Federal Trade Commission (FTC) enforcement actions classifying inadequate data security as an ‘unfair trade practice’ – they are limited in nature, infrequently utilised and are generally incapable of meaningfully protecting consumers. History has shown that other major technological advances, including developments in the aircraft and automotive industries, have occurred in similar unregulated manners, often resulting in negative and potentially dangerous outcomes for the public. To ensure the security of today’s software environment, change from within the industry – not unlike the Ralph Nader-inspired industry-wide automotive safety improvements in the 1970s – is necessary to create a shared liability model for software which protects users from poor development practices. Such a model, when coupled with certification standards and education, will result in a more secure software design industry.