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The Sony Hack Attack

There are many dimensions to the hack of Sony that, by all accounts, now appears to be a North Korean cyberattack. Certainly, the attack ought to make us all aware that, regardless of debates about the niceties of the labels applied, the U.S. has entered a new era in which cyberwarfare (and response to cyberattacks) will constitute an important element of our national security strategy. Here, I want to make just a couple of points – briefly. It is easy, without having access to all the facts...

The Only Legitimate FCC Hybrid Net Neutrality Approach

Any legitimacy the FCC has comes from the authority of law written by a duly-elected Congress under the U.S. Constitution. Twice the FCC has tried to mandate new net neutrality regulations on its own and twice the U.S. Court of Appeals has overturned the FCC rules as illegitimate because they were not grounded in statute. Rather than asking Congress for net neutrality authority in a new law, the FCC is in the process of trying to conjure up new “authority” again by itself, this time by creating...

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