Table of Contents

Introduction by Jack Goldsmith

Part I: Background

1. Defend Forward and Persistent Engagement by Gary Corn & Emily Goldman
2. Scenarios for Defend Forward
3. U.S. Cyber Command's First Decade by Michael Warner

Part II: Domestic Framework

4. The Domestic Legal Framework for U.S. Military Cyber Operations by Robert Chesney
5. Cyberattacks and the Constitution by Matthew C. Waxman
6. Defend Forward and the FBI by James Baker & Matt Morris

Part III: International Law Framework

7. Defend Forward and Sovereignty by Jack Goldsmith & Alex Loomis
8. Defend Forward and Cyber Countermeasures by Ashley Deeks
9. Covert Deception, Strategic Fraud, and the Rule of Prohibited Intervention by Gary Corn
10. Due Diligence and Defend Forward by Eric Talbot Jensen and Sean Watts
11. Defend Forward and Attribution by Kristen E. Eichensehr

Part IV. Comparative Perspectives

12. Persistent Aggrandizement? Israel's Cyber Defense Architecture by Elena Chachko
13. Defend Forward and the United Kingdom's Legal System by Robert Chesney

About the Author

Jack Goldsmith is the Learned Hand Professor of Law at Harvard University. He is the author of After Trump: Reconstructing the Presidency, as well as numerous other books and articles on topics related to presidential power, terrorism, national security, international law, and internet law. Goldsmith previously served as Assistant Attorney General, Office of Legal Counsel (October 2003-July 2004) and Special Counsel to the General Counsel
to the Department of Defense (September 2002-June 2003).

Reviews

The Department of Defense's shift in 2018 to a posture of persistence in operations and forward cyber defense is an important step toward achieving better national cybersecurity. The United States' Defend Forward Cyber Strategy is an indispensable contribution to understanding this novel strategic approach and the important, related questions raised at the intersection of domestic and international law and policy. The essays in this volume, written by leading experts from the academy and the U.S. government, tackle these questions with unique expertise and exceptional insight. They provide invaluable guidance for ensuring the U.S. can defend forward in cyberspace consistent with its commitment to the rule of law.
*Admiral (retired) Michael S. Rogers, Former Director, National Security Agency and Commander, U.S. Cyber Command*

America's Defend Forward cyber strategy is a momentous change in the approach to cyber conflict that has, to date, been under analyzed. This new groundbreaking volume begins that inquiry. It is the first thorough and thoughtful account of the legal underpinnings of Defend Forward. The analysis is of such high quality that it will, no doubt, be the baseline examination that defines the field for years to come.
*Paul Rosenzweig, Former Deputy Assistant Secretary for Policy, Department of Homeland Security*

Goldsmith's volume offers a welcome tour d'horizon of the domestic, international, and comparative legal issues associated with the United States' Defend Forward strategy and the tactics of persistent engagement that support it. With chapters by leading government and academic experts, this book surveys key legal restraints and authorities under the U.S. Constitution and other domestic laws as well as all the relevant international legal topics such as sovereignty, intervention, counter-measures, and attribution. Supplemented by comparisons to Israeli and U.K. approaches, the result is not simply an introduction to an under-explored topic, but a lasting—and significant—contribution to the field.
*Duncan B. Hollis, Laura H. Carnell Professor of Law, Temple Law School*