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11 Nat'l Sec. L. Brief 1 (2021)

handle is hein.journals/natislaw11 and id is 1 raw text is: Leveraging Domestic Law Against Cyberattacks Justin Malzac* It is almost impossible to overstate the gap between the rate at which the cybersecurity threat is getting worse relative to our ability to effectively address it. The simple fact of the matter is that no nation has yet found an effective solution to stop foreign malevolent cyber activity. We will continue to be confronted by this challenge in 2020. Glenn Gerstell, General Counsel for the National Security Agency' INTRODUCTION Over the past two decades, cyberspace has become a key area of operations, for both criminals and states alike, as they pursue their particular interests internationally. The United States has been struggling to adapt to this new paradigm, as have most democratic countries across the globe. Most recently, malicious cyber actors have been targeting medical systems *Justin Malzac is the Senior Paralegal at a DOD joint component command. He is an Army civilian employee and 18-year veteran of the Army Reserves. He has an M.A. in History from Pittsburg State University and a B.A. in English from the University of Minnesota, and was previously published in the International Journal of Korean Studies. The views expressed in this article are those of the author and do not necessarily reflect the official policy or position of the United States Army, the Department of Defense, or the United States Government. The author would like to graciously thank Major David Lai, Lieutenant Colonel Israel King, and Lieutenant Colonel Christopher Berhow, all military judge advocates, for their comments on this paper and for their years of mentorship. This project would not have been possible without their enduring support. The author would also like to thank the editorial staff of the National Security Law Brief for their detailed feedback, which helped make this paper the best it could be. American University National Security Law Brief, vol. 11, issue 1 (Spring 2021), pp. 1-51. © 2021 by the American University National Security Law Brief at Washington College of Law. All rights reserved. 1 Glenn Gerstell, NSA General Counsel Remarks to the American Bar Association, LAWFARE (Jan. 17, 2020, 10:00 AM), https://www.lawfareblog.com/nsa-general-counsel-remarks-american-bar-association.

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