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36 J.L. & Pol. 1 (2021)

handle is hein.journals/jlp36 and id is 1 raw text is: Accounting for Foreign Disinformation: National Security Regulatory Proposals for Social Media Accounts and False Speech Jonathan A. Schnader I. INTRODUCTION The ubiquity of social media in modern society carries with it a host of national security concerns, some of which require new approaches, new legal frameworks, and new policies to adequately address them. The current major national security concerns in the social media space are the active measures and disinformation campaigns.' Most notable among them are the ones led by Kremlin-backed elements. These campaigns not only lead to interference in Western democratic institutions, but they also cause panic through fake news stories amplified by bots and trolls. All of these efforts ultimately feed into a disinformation feedback loop. Two examples of successful Russian disinformation campaigns are particularly noteworthy. First, in the Incirlik Air Base incident, false news about terrorists overtaking the United States' base circulated worldwide, causing a small protest outside the gates of the base.2 Second, the false story Jonathan A. Schnader lives in Washington, D.C. He earned his bachelor's degree in Psychology and Classical Humanities from Miami University of Ohio. He earned his J.D. cum laude from Syracuse University College of Law with a Certificate of Advanced Study in National Security and Counterterrorism Law. Following law school, he worked as an Assistant Public Defender in Rochester, NY for five and a half years, handling just under four thousand criminal cases. In addition to being licensed to practice law in New York and Washington D.C., he is a Certified Anti-Money Laundering Specialist. Jonathan graduated with distinction in 2019 from Georgetown University Law Center, where he completed a Master of Laws in National Security. His academics and current practice focus on national security dimensions of several areas, including cybersecurity; artificial intelligence; blockchain and cryptocurrency; intelligence and counterintelligence; and social media. This article uses the term disinformation, but some of the cited sources use the terms misinformation and disinformation interchangeably. For a discussion of disinformation, that is, intentionally incorrect information, versus, misinformation and mal-information, see Alice E. Marwick, Why do People Share Fake News? A Sociotechnical Model ofMedia Effects, 2 GEO. L. TECH REV. 474, 478 (2018). 2 See, e.g., Clint Watts, Clint Watts' Testimony: Russia's Info War on the U.S. Started in 2014, THE DAILY BEAST (Mar. 30, 2017), https://www.thedailybeast.com/clint-watts-testimony-russias-info-war- on-the-us-started-in-2014; Craig Timberg, Russian Propaganda Effort Helped Spread Fake News' During Election, Experts Say, WASH. POST (Nov. 24, 2016), https://www.washingtonpost.com/business/economy/russian-propaganda-effort-helped-spread-fake- news-during-election-experts-say/20 16/1 1/24/793903b6-8a40-4ca9-b712-716af66098fe_story.html. 1

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