Law in the Internet Society

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ArielBensonSecondEssay 5 - 21 Dec 2024 - Main.ArielBenson
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

Cyberweapons and Bullies: Regulate It All (Final)

-- By ArielBenson - 29 Nov 2024

ArielBensonSecondEssay 4 - 21 Dec 2024 - Main.ArielBenson
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Cyberweapons and Bullies: Regulate It All

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Cyberweapons and Bullies: Regulate It All (Final)

 -- By ArielBenson - 29 Nov 2024

ArielBensonSecondEssay 3 - 19 Dec 2024 - Main.ArielBenson
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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 Clearly, the United States continues to back the domestic right to privacy, but unilaterally determined rights cannot be forced upon the rest of the world. Finding a right to privacy in the international realm requires a reimagining of jus cogens to include privacy. It seems to be doable on the surface. Arguably, the right is more orientalist than occidentalist. The American can absolutely look to expressed, legal privacy tradition, but what is the comfortability of a woman to remove a hijab in the confinements of her home without the existence of the right to privacy? The answer is nothing. The only obstacle in the way of admitting such a natural right — as it pertains to the cyberweapon conversation at hand — is the national security argument. This argument counters all state weaponry regulation. It is up to the world to decide that national security risks can be mitigated, maybe even by utilizing cyberweapons, but without the erasure of the right to privacy by overzealous states.
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Pushing for the right trade outcome.

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Pushing for the right trade outcome

 

There is also the practical issue of regulating the sale and trade of cyberweapons. Export Controls in the United States look to regulate dual-use items that derive from the United States and can be used against the interests of the State. However, the list of items overseen, the Entity List, and the topics of concern have grown astronomically over the past two regimes. If Commerce or State want to have a significant and relevant impact on the cyberweapon industry, the regulators must become less centralized (see concerns on cyberweapon regulation). Cyberweapon regulation requires military and intelligence expertise, market and scholarship foresight, and predictable rule making professionals (Consider WA backlash). Thus, in an ideal world, a new State Department division would be created to oversee such export control and trade regulation.

ArielBensonSecondEssay 2 - 17 Dec 2024 - Main.ArielBenson
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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The Conundrum of the Eldest Daughter

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Cyberweapons and Bullies: Regulate It All

 -- By ArielBenson - 29 Nov 2024
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Introduction: The Pull Between Family & Career

The eldest girl has always been expected to do everything right. Get an education, get a pretty job, and get a pretty relationship and kid all before time runs out. The negotiations and beratement remain a part of every Thanksgiving and Christmas conversational repertoire. She has gotten used to the questions and probes into her life. Armor made and maintained over the years has gotten her this far. However, for the first time in her life, younger siblings and cousins begin to create nuance in their lives and build their own futures. Some rarely come around, running after their own adventures with their newly gained finances and freedom. Others are taking their own relationships seriously. While the pressure on the eldest to accomplish the goals of every generation that came before her begins to subside, the complications across the family begin to grow. For the first time in her life, the eldest daughter is experiencing what its like to be impacted by her siblings and cousins’ life choices. Diversion has seemed to take the spotlight off of her life (thank God), but it has seemingly created angst and chaos for own life planning and decision making.

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A long way to go

Since the days of Snowden there have been concerns about the government watching our every move, infiltrating our private places, and documenting our personal lives. Over time, the public outcry has dissipated and moved on to the next horrendous thing the government has participated in. Domestic critique is now led by scholars and human rights activists. The current charge for regulating cyberweapons is relying on implicating trade and protecting privacy. Enacting change won’t be as easy as regulating small arms light weapons (SALW). It will take innovation and forcing the hands of the most powerful. Frankly, it will take a miracle.
 
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Diversion Complicates the Family Dynamic

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Pushing for the right to privacy

 
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Building the family doesn’t always make the family closer. Her younger brother is planning an engagement and eventual small family in aa city not where parents live. She notices that the plans begin to disregard his family and begin to include his future fiancés. His decision to stay in Texas and not follow his sister to the northeast means his projection for “getting serious” is a little bit earlier than hers. He’s determined, regardless of the protest coming from his elder, to continue on in the pursuit of planting his own roots.

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In the documentary Surveilled, NGO Group admitted to testing and utilizing its products (including Pegasus) on Arab Palestinians. While obviously in conflict, and potentially utilizing some type of war powers-esk authorization to surveille labeled (unproven) criminals, it is difficult to wrap my head around the lack of regulation and respect implemented into the cyberweapon community by Israel. We have allowed PETA to aim higher and gain more accountability in the animal-cruelty space than what we as a global society have allowed to occur regarding testing and implementation of surveillance products.
 
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Her Choice

Luckily, the eldest has relied a lot on building in her own life. After all, she was looked up to to create the blueprint for her brother and cousins. She is the standard, mostly. She can lean on her work, her schooling, her hobbies to keep her busy. The blueprint hasn’t completely been completed. She can still go for Partner at her future firm or maybe head of governmental agency that will still be around in ten years. She is not not interested in relationships, but she knows what she’s good at: building.

Sticking to what she knows seems like an appropriate wayforward. However, she has been working to keep Gen Z engaged with the family. This might cause her to be a little hypocritical. Missing holidays to stay in the NYC office. Forgetting to call grandparents and cousins because publishing the next article is a great stripe for career. Maybe letting the newly grown-ups make their own decisions, and riding away in the moonlight, away from the fracturing is a little bit more complicated that she initially anticipated. A conundrum.
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The lack of privacy allotted for by governments utilizing such cyberweapons brings into question whether there is a right here at all. Sure, activists and scholars may find moral disdain for the acts but requiring regulation or right-protections for a non-right is difficult. Outside of the Fourth Amendment, the United States began developing privacy right scholarship in the late 1800s, with Warren and Brandeis leading the charge. Fast forwarding almost one hundred years, Thomas Scanlon nuanced the right to privacy by noting that we have the right to privacy in specific zones. This logic has of course been present in privacy cases, distinguishing that when there is a reasonable expectation of privacy present, a privacy zone is created (See Katz). For example, compare United States v. Knotts (1983) holding (where it was found that a defendant who traveled over the public streets voluntarily conveyed his information it to anyone who wanted to look) to Carpenter v. United States (2018) (where it notes the dangers of modern technology’s overreach, especially when looking at historical data that derives from a place where intentional sharing is absent).
 
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The Curse

What she did not realize is that she has a super-power or burden that no one else in her family’s Gen Z has, a commitment to include everyone who has come along. The siblings, cousins, step-cousins, play-cousins, and close family friends are under her domain. She, like her elders, saw everyone join the clan. She expects that everyone, through even divorce or death, will maintain strong relationships with the family. Her responsibility, so she feels, is to keep everyone at close difference. She sees the matriarch of the family biggening to lose her energy vis-à-vis hunting descendants down. It will soon be up to the following generations to ensure stability. Somehow, someway, something will have to give.

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Clearly, the United States continues to back the domestic right to privacy, but unilaterally determined rights cannot be forced upon the rest of the world. Finding a right to privacy in the international realm requires a reimagining of jus cogens to include privacy. It seems to be doable on the surface. Arguably, the right is more orientalist than occidentalist. The American can absolutely look to expressed, legal privacy tradition, but what is the comfortability of a woman to remove a hijab in the confinements of her home without the existence of the right to privacy? The answer is nothing. The only obstacle in the way of admitting such a natural right — as it pertains to the cyberweapon conversation at hand — is the national security argument. This argument counters all state weaponry regulation. It is up to the world to decide that national security risks can be mitigated, maybe even by utilizing cyberweapons, but without the erasure of the right to privacy by overzealous states.
 
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Reflection

 
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Pushing for the right trade outcome.

There is also the practical issue of regulating the sale and trade of cyberweapons. Export Controls in the United States look to regulate dual-use items that derive from the United States and can be used against the interests of the State. However, the list of items overseen, the Entity List, and the topics of concern have grown astronomically over the past two regimes. If Commerce or State want to have a significant and relevant impact on the cyberweapon industry, the regulators must become less centralized (see concerns on cyberweapon regulation). Cyberweapon regulation requires military and intelligence expertise, market and scholarship foresight, and predictable rule making professionals (Consider WA backlash). Thus, in an ideal world, a new State Department division would be created to oversee such export control and trade regulation.
 
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Over time, pressures old and new can alter a person’s life and plans. Capable, stable, and supported individuals will fare relatively well, however that doesn’t mean that life is exactly how they would want to be. What society expects of the eldest girl is often a conundrum, even if the conflict doesn’t look the same for all. Some are trying to mitigate the conflict of moving away to better finances for family and maintaining relationships at home. Others are expected to address and handle the family’s trauma and effects while simultaneously extending the legacy of the successful women in her life. The chaos of others molds her life, and she is required to make something beautiful from it. She will do her best. Her best will be enough. It’ll have to be, because she’s the only one who knows exactly what is needed for herself, her family, and her own journey.

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There too is the option of working within the status quo. The Bureau of Industry & Security (BIS) currently overregulates when new technologies emerge. For example, consider the proposed AI language added to the already existing rules this past summer. There was no nuance. Simply “AI” was added at the end of regulations. Following current practice, nuancing the regulations can occur at a later date, allowing for stakeholders agitated by the too general rules to enter the conversation (maybe through a round of comments or lobbying) and fix what is now broken. Nonetheless, domestic regulation alone will not suffice however it is implemented.
 
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Professor Moglen: I wrote this piece to reflect on my own life and to address something that I’ve never experienced be explicitly described. Please let me know if this concept does not meet the brief.
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Relying on state export controls does not create a checks and balance structure for all states utilizing cyberweapons. On the flip side of regulating how and where the technology is utilized, there is also the necessity of accountability outside of the new jus cogens. Shalev Hulio himself likened the sale of his products to an arms trade (See Surveilled). Of course, we should listen when the horse speaks. Utilizing international instruments to confine state usage and trade to appropriate standards is necessary and practical. Sure, states across the Arms Trade Treaty ignore much of what it has to say. I am of the mind that some compliance is better than none and that accountability can be prosecuted at any time. If the world relies only on export controls to regulate these cyberweapons, we will end up with the conundrum of universal jurisdiction or SALW stockpiles. The West will remain flagrant in its actions, while the rest of the world will be under a microscope and sanctioned for actions happening by those authorizing the blockade.
 
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Updated from The Conudrum of the Eldest Daughter paper
 You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

ArielBensonSecondEssay 1 - 29 Nov 2024 - Main.ArielBenson
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META TOPICPARENT name="SecondEssay"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

The Conundrum of the Eldest Daughter

-- By ArielBenson - 29 Nov 2024

Introduction: The Pull Between Family & Career

The eldest girl has always been expected to do everything right. Get an education, get a pretty job, and get a pretty relationship and kid all before time runs out. The negotiations and beratement remain a part of every Thanksgiving and Christmas conversational repertoire. She has gotten used to the questions and probes into her life. Armor made and maintained over the years has gotten her this far. However, for the first time in her life, younger siblings and cousins begin to create nuance in their lives and build their own futures. Some rarely come around, running after their own adventures with their newly gained finances and freedom. Others are taking their own relationships seriously. While the pressure on the eldest to accomplish the goals of every generation that came before her begins to subside, the complications across the family begin to grow. For the first time in her life, the eldest daughter is experiencing what its like to be impacted by her siblings and cousins’ life choices. Diversion has seemed to take the spotlight off of her life (thank God), but it has seemingly created angst and chaos for own life planning and decision making.

Diversion Complicates the Family Dynamic

Building the family doesn’t always make the family closer. Her younger brother is planning an engagement and eventual small family in aa city not where parents live. She notices that the plans begin to disregard his family and begin to include his future fiancés. His decision to stay in Texas and not follow his sister to the northeast means his projection for “getting serious” is a little bit earlier than hers. He’s determined, regardless of the protest coming from his elder, to continue on in the pursuit of planting his own roots.

Her Choice

Luckily, the eldest has relied a lot on building in her own life. After all, she was looked up to to create the blueprint for her brother and cousins. She is the standard, mostly. She can lean on her work, her schooling, her hobbies to keep her busy. The blueprint hasn’t completely been completed. She can still go for Partner at her future firm or maybe head of governmental agency that will still be around in ten years. She is not not interested in relationships, but she knows what she’s good at: building.

Sticking to what she knows seems like an appropriate wayforward. However, she has been working to keep Gen Z engaged with the family. This might cause her to be a little hypocritical. Missing holidays to stay in the NYC office. Forgetting to call grandparents and cousins because publishing the next article is a great stripe for career. Maybe letting the newly grown-ups make their own decisions, and riding away in the moonlight, away from the fracturing is a little bit more complicated that she initially anticipated. A conundrum.

The Curse

What she did not realize is that she has a super-power or burden that no one else in her family’s Gen Z has, a commitment to include everyone who has come along. The siblings, cousins, step-cousins, play-cousins, and close family friends are under her domain. She, like her elders, saw everyone join the clan. She expects that everyone, through even divorce or death, will maintain strong relationships with the family. Her responsibility, so she feels, is to keep everyone at close difference. She sees the matriarch of the family biggening to lose her energy vis-à-vis hunting descendants down. It will soon be up to the following generations to ensure stability. Somehow, someway, something will have to give.

Reflection

Over time, pressures old and new can alter a person’s life and plans. Capable, stable, and supported individuals will fare relatively well, however that doesn’t mean that life is exactly how they would want to be. What society expects of the eldest girl is often a conundrum, even if the conflict doesn’t look the same for all. Some are trying to mitigate the conflict of moving away to better finances for family and maintaining relationships at home. Others are expected to address and handle the family’s trauma and effects while simultaneously extending the legacy of the successful women in her life. The chaos of others molds her life, and she is required to make something beautiful from it. She will do her best. Her best will be enough. It’ll have to be, because she’s the only one who knows exactly what is needed for herself, her family, and her own journey.

Professor Moglen: I wrote this piece to reflect on my own life and to address something that I’ve never experienced be explicitly described. Please let me know if this concept does not meet the brief.

You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


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