Cybersecurity
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The United States must take steps to protect its critical national infrastructure against serious cyberattack. One step might be to negotiate a multilateral convention to limit such attacks by states, which are the most likely source of an attack at the level of greatest concern. Although verification of compliance would be difficult, the convention in and of itself might be worthwhile for its norm-setting value, to be a restraining factor in the offensive decisions of other states, and as a necessary step in obtaining fuller international cooperation in controlling the general cyberthreat.

On the other hand, the U.S. military believes that cyberattack in its own hands may be an important addition to its war-making capacity. It may be unwilling to limit that capacity, particularly as the understanding of cyberwarfare potential is still being formed.

Balancing these conflicting objectives will require a full debate and executive decision. This process will have to be carried out by a special high-level government group because of the sensitive and fragile nature of certain aspects of the information involved.

One model of a convention that could serve as a starting point would commit the parties to no-first-use of cyberattack directed at elements of another party's critical infrastructure if the disruption from that attack was intended to be widespread, long-lasting, or severe. One reason for these thresholds is to differentiate continuing, manageable lower-level attacks from those that constitute a serious violation by a state-party. All the terms in this commitment could be defined in an Understanding Annex, as in the ENMOD Convention, and would be the subject of negotiation. The convention would also preclude assistance to others in conducting prohibited attacks.

Because the cyberthreat is evolving rapidly and is difficult to define, any proposed solution is very unlikely to address the problem effectively for the long term or perhaps even the medium term. On the other hand, it may be important to constrain this form of warfare in the relatively early stages of its development. The type of limited convention described in this article strikes an appropriate balance by establishing some important initial parameters that could serve as the basis for more comprehensive agreements in the future.

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Arms Control Today
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Charles Perrow is an emeritus professor of sociology at Yale University and a visiting professor at CISAC in the winter and spring terms. Among his award-winning research is Organizing America: Wealth, Power, and the Origins of American Capitalism (Princeton, 2002), and Normal Accidents: Living with High Risk Technologies (Princeton, 1999). His 2008 articles include "Complexity, Catastrophe, and Modularity," Sociological Inquiry 78:2, May 2008 162-73; "Conservative Radicalism," Organization 15:2 2008 271-77; "Disasters Evermore? Reducing our Vulnerabilities to Natural, Industrial, and Terrorist Disasters," Social Research 75:3 Fall, 2008. His recent membership on a National Academy of Science panel on the possibilities of certifying software led to his current work on cyber security. He is also researching organizational forms in economic globalization. He received his BA, MA, and PhD from the University of California, Berkeley, all in sociology.

Stephen H. Schneider is the Melvin and Joan Lane Professor for Interdisciplinary Environmental Studies, Professor of Biological Sciences, Professor by Courtesy of Civil and Environmental Engineering, and Co-Director and Senior Fellow at the Center for Environmental Science and Policy in the Woods Institute for the Environment at Stanford University. Dr. Schneider received his Ph.D. in Mechanical Engineering and Plasma Physics from Columbia University in 1971. In 1975, he founded the interdisciplinary journal, Climatic Change, and continues to serve as its Editor. Dr. Schneider was honored in 1992 with a MacArthur Fellowship for his ability to integrate and interpret the results of global climate research through public lectures, seminars, classroom teaching, environmental assessment committees, media appearances, Congressional testimonies, and research collaboration with colleagues. He has consulted with federal agencies and/or White House staff in the Nixon, Carter, Reagan, George H. W. Bush, and Clinton administrations. Dr. Schneider was elected to membership in the U.S. National Academy of Sciences in 2002 and received both the National Conservation Achievement Award from the National Wildlife Federation and the Edward T. Law Roe Award of the Society of Conservation Biology in 2003. He has been a Coordinating Lead Author in Working Group II of the Intergovernmental Panel on Climate Change (IPCC) under the auspices of the World Meteorological Organization and the United Nations Environment Program from 1997 to the present. His recent work has centered on the importance of risk management in climate-policy decision making, given the uncertainties in future projections of global climate change, and he continues to serve as a noted advisor to decision makers and stakeholders in industry, government, and nonprofit sectors regarding possible climate-related events. He is also engaged in improving public understanding of science and environment through extensive media communication and public outreach.

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Charles Perrow Professor (Emeritus) of Sociology, Yale University; Visiting Professor, CISAC Speaker
Stephen H. Schneider Melvin and Joan Lane Professor for Interdisciplinary Environmental Studies; Professor of Biological Sciences; Co-Director and Senior Fellow at the Center for Environmental Science and Policy in the Woods Institute for the Environment, Stanford Commentator
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Thomas Fingar is a Shorenstein APARC Fellow in the Freeman Spogli Institute for International Studies at Stanford University. He was the inaugural Oksenberg-Rohlen Distinguished Fellow from 2010 through 2015 and the Payne Distinguished Lecturer at Stanford in 2009.

From 2005 through 2008, he served as the first deputy director of national intelligence for analysis and, concurrently, as chairman of the National Intelligence Council. Fingar served previously as assistant secretary of the State Department’s Bureau of Intelligence and Research (2000-01 and 2004-05), principal deputy assistant secretary (2001-03), deputy assistant secretary for analysis (1994-2000), director of the Office of Analysis for East Asia and the Pacific (1989-94), and chief of the China Division (1986-89). Between 1975 and 1986 he held a number of positions at Stanford University, including senior research associate in the Center for International Security and Arms Control.

Fingar is a graduate of Cornell University (A.B. in Government and History, 1968), and Stanford University (M.A., 1969 and Ph.D., 1977 both in political science). His most recent books are From Mandate to Blueprint: Lessons from Intelligence Reform (Stanford University Press, 2021), Reducing Uncertainty: Intelligence Analysis and National Security (Stanford University Press, 2011), The New Great Game: China and South and Central Asia in the Era of Reform, editor (Stanford University Press, 2016), Uneasy Partnerships: China and Japan, the Koreas, and Russia in the Era of Reform (Stanford, 2017), and Fateful Decisions: Choices that will Shape China’s Future, co-edited with Jean Oi (Stanford, 2020). His most recent article is, "The Role of Intelligence in Countering Illicit Nuclear-Related Procurement,” in Matthew Bunn, Martin B. Malin, William C. Potter, and Leonard S Spector, eds., Preventing Black Market Trade in Nuclear Technology (Cambridge, 2018)."

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Noah Richmond (speaker) is a CISAC Zukerman Fellow and a Stanford Center on International Conflict and Negotiation fellow. His research has focused on the structure and management of the U.S. officer corps, organizing the U.S. military for new domains of warfare including space and cyberspace, and ballistic missile defense. His current research focuses on international, supra-national, and national control regimes for dual-use technologies. Most recently he co-chaired the working group on new domains of warfare for the Beyond Goldwater-Nichols Study conducted at the Center for Strategic and International Studies. Richmond has previously consulted for the Institute for Defense Analyses, RAND, and Strategic Decisions Group. He received his BS in mathematics from the Massachusetts Institute of Technology, an MS in engineering-economic systems and operations research from Stanford, and a PhD in management science and engineering from Stanford. Richmond is currently a law student at Stanford Law School (class of 2008), where his studies focus on intellectual property and international trade.

David Elliott (respondent) was staff director for science and technology at the National Security Council (NCS) and then vice president at SAIC and SRI. At NCS his portfolio included export control matters, which included the international coordination of our policy. During his time at NCS, major emphases emerged on civilian nuclear issues after the Indian nuclear test and on computer technology as its importance became evident. At CISAC he has contributed to work in cyber security and information technology. Elliott received his BS in physics from Stanford University and both his MS and PhD in experimental high energy physics from the California Institute of Technology.

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Concepts and techniques from mathematics--specifically, from lattice theory and reflexive theory--have already been applied to counterterrorism and computer security problems. The following is a partial list of such problems:

  1. Strategies for disrupting terrorist cells
  2. Data analysis of terrorist activity
  3. Border penetration and security
  4. Terrorist cell formation
  5. Information security

This article proposes the creation of a European Institute for Mathematical Methods in Counterterrorism (IMMC), to be based in Austria. Such an institute would require minimal investment but could serve as a catalyst to draw several million euros in research grants and contracts to Austria. This influx of funding would benefit not merely scientists and firms working in homeland security, but other aspects of Austrian science as well.

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In the last eight years, every significant public policy initiative to address the safety and security of U.S. national information infrastructure has recommended a significant, largely voluntary, role for the private sector, owing in large part to the dominant ownership stake of private entities in the infrastructure. Notably absent from much of the policy discourse and underlying research has been a careful examination of the stakeholder incentives to adopt and to spur the development of security technologies and processes. We believe that the lack of progress to date in achieving a secure and robust cyber infrastructure is in large part the direct result of a failure by public policy to recognize and to address those incentives and the technological, economic, social and legal factors underlying them.

We advocate a new approach for the analysis and development of coherent policy in which the interaction of economic incentives among stakeholders is explicitly considered. By economic incentives, we mean the full array of economic and technological factors that shape infrastructure decision-making, not merely government subsidies or tax credits. We provide an initial framework for understanding the technology dependencies and economic incentives associated with cyber security, along with illustrative examples of the key players and their motivations. We argue that the successful development of a secure cyber infrastructure will require more than improved technology and that it could be accelerated by careful consideration of the evolving economic and legal issues that shape stakeholder incentives.

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The information infrastructure is increasingly under attack by cyber criminals. The number, cost, and sophistication of attacks are increasing at alarming rates. Worldwide aggregate annual damage from attacks is now measured in billions of U.S. dollars. Attacks threaten the substantial and growing reliance of commerce, governments, and the public upon the information infrastructure to conduct business, carry messages, and process information. Most significant attacks are transnational by design, with victims throughout the world.

Measures thus far adopted by the private and public sectors have not provided an adequate level of security. While new methods of attack have been accurately predicted
by experts and some large attacks have been detected in early stages, efforts to prevent or deter them have been largely unsuccessful, with increasingly damaging consequences. Information necessary to combat attacks has not been timely shared. Investigations have been slow and difficult to coordinate. Some attacks are from States that lack adequate laws governing deliberate destructive conduct. Such international cooperation as occurs is voluntary and inadequate. Some significant enhancement of defensive capabilities seems essential. Cyber crime is quintessentially transnational, and will often involve jurisdictional assertions of multiple States. Agreements on jurisdiction and enforcement must be developed to avoid conflicting claims.

The need and methods for effecting international cooperation in dealing with cyber crime and terrorism were the subject of a conference sponsored by the Hoover Institution, the Consortium for Research on Information Security and Policy (CRISP) and the Center for International Security and Cooperation (CISAC) at Stanford University on December 6-7, 1999 (the "Stanford Conference"). Members of government, industry, NGOs, and academia from many nations met at Stanford to discuss the growing problem. A clear consensus emerged that greater international cooperation is required, and considerable agreement that a multilateral treaty focused on criminal abuse of cyber systems would help build the necessary cooperative framework. (A synthesis of the Stanford Conference papers and discussion will be published by the Hoover Press.) This monograph summarizes and presents the Stanford Draft International Convention to Enhance Security from Cyber Crime and Terrorism (the "Stanford Draft" or the "Draft") and commentary on the Draft. The Draft acknowledges and builds upon the draft Convention on Cyber Crime proposed by the Council of Europe (the "COE Draft").

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Societies are becoming more dependent on computer networks and therefore more vulnerable to cyber crime and terrorism. Measures to protect information systems are receiving increasing attention as the threat of attack grows and the nature of that threat is better understood. The primary purpose of this article is to determine what legal standards should govern the use of such measures and what nontechnical constraints are likely to be placed, or should be placed, on them. The article demonstrates that policing of computer networks poses a real threat to privacy, protection against self-incrimination and unwarranted searches and seizures, and the right to due process of law. Technological realities and the differences in national values and rules concerning the intrusiveness of law enforcement, protection of citizen's rights, and international cooperation can complicate the observance of these rights and allow misuse of systems set up for preventing, tracking, or punishing cyber crime. Another purpose of this article is to show that while technologies of crime and punishment are undergoing a rapid and profound evolution, the legal and normative principles discussed here will endure, because they are independent of specific technology. As such, they can provide a framework for building a global infrastructure and policy environment that can balance the needs for crime-free business, government, and personal communications, with the protection of property, privacy, and civil liberties. The article concludes that ensuring civil liberties in the course of legal and technological cooperation against cyber attacks is essential.

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How much security is enough? No one today can satisfactorily answer this question for computer-related risks. The first generation of computer security risk modelers struggled with issues arising out of their binary view of security, ensnaring them in an endless web of assessment, disagreement, and gridlock. Even as professional risk managers wrest responsibility away from the first-generation technologists, they are still unable to answer the question with sufficient quantitative rigor. Their efforts are handicapped by a reliance on non-quantitative methodologies originally developed to address the deployment and organizational acceptance issues that plagued first-generation tools.

In this report, I argue that these second-generation approaches are only temporary solutions to the computer security risk-management problem and will eventually yield to decision-focused, quantitative, analytic techniques. Using quantitative decision analysis, I propose a candidate modeling approach that explicitly incorporates uncertainty and flexibly allows for varying degrees of modeling detail to address many of the failings of previous modeling paradigms. Because quantitative modeling requires data, I also present a compilation and critique of publicly available computer security data. I highlight the importance of data collection, sharing, and standardization with discussions of measurement, relevance, terminology, competition, and liability. I conclude with a case study example, demonstrating how uncertain data and expert judgments are used in the proposed modeling framework to give meaningful guidance to risk managers and ultimately to answer the question: How much is enough?

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