Big Data is one of the most important resources in the world, yet the rules for its protection are just beginning to develop. The danger comes into focus by the possibility of a nation-state cyber operation attacking Big Data and having a major detrimental impact on the functioning of another nation-state. Consider, for example, a cyber attack corrupting, stealing, or destroying the records of important financial institutions, causing widespread confusion and panic. Would such an attack warrant a kinetic, lethal response, with bullets and bombs?

This issue implicates the UN Charter, the Law of War, International Humanitarian Law, jus in bello and jus ad bellum, attempts to formulate rules in the Tallinn Manual, conflicting priorities among nations, and pure geopolitics. Professor Paul Stephan of the University of Virginia Law School and John Eisenberg, Former Deputy Counsel to the President and NSC Legal Advisor, joined us to explore the issue.

Mike Lewis was a naval aviator, and then a renowned law professor, widely admired by other scholars and practitioners. He was a great friend of the Federalist Society, appearing at dozens of lawyer and student chapter events, as well as the 2014 National Convention. He was also a member of the Executive Committee of the Society’s International & National Security Law Practice Group. Each year, the Practice Group holds a Teleforum in his honor.Featuring:

  • John Eisenberg, Former Assistant to the President and Deputy Counsel to the President, Former NSC Legal Advisor
  • Prof. Paul Stephan, John C. Jeffries, Jr., Distinguished Professor of Law, University of Virginia School of Law
  • [Moderator] Vince Vitkowsky, Partner, Gfeller Laurie LLP

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