The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare

90 Pages Posted: 13 Dec 2018 Last revised: 2 Jan 2020

See all articles by Jill I. Goldenziel

Jill I. Goldenziel

Marine Corps University-Command and Staff College; University of Pennsylvania; Harvard University

Manal Cheema

School of Law, Alumnus or Degree Candidate Author, School of Law, Alumnus or Student

Date Written: February 26, 2019

Abstract

The United States prides itself on freedom of speech and information. However, enemy states have weaponized these prized freedoms against the United States. The First Amendment, the Privacy Act, and other U.S. laws designed to protect Americans’ civil liberties paradoxically constrain the United States’ ability to combat information warfare by its enemies. This Article argues that the United States must reform laws and doctrine concerning speech, information, and privacy in order to protect the democratic process and national security. By exploring the example of the Russian threat to the U.S. electoral process, this Article will illustrate how enemy states wield the United States’ own laws against it. It will also explain how justifiable concerns with infringement on civil liberties have hindered the United States’ response. The Article concludes with recommendations on how courts, legislatures, and policymakers should balance First Amendment and privacy rights with national security interests to combat enemy information warfare.

Keywords: Information Warfare, Information Operations, First Amendment, Constitution, Free Speech, Privacy Act, Russia, election

JEL Classification: K1, K40, Y8, Y80, Y9, E38

Suggested Citation

Goldenziel, Jill I. and Cheema, Manal, The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare (February 26, 2019). 22 U. Pa. J. Const. L. 81 (2019). Available at SSRN: https://ssrn.com/abstract=3286847 or http://dx.doi.org/10.2139/ssrn.3286847

Jill I. Goldenziel (Contact Author)

Marine Corps University-Command and Staff College ( email )

2076 South Street
Breckinridge Hall
Quantico, VA 22134
United States

HOME PAGE: http://scholar.harvard.edu/jill

University of Pennsylvania ( email )

Philadelphia, PA 19104
United States

Harvard University ( email )

1737 Cambridge St.
Cambridge, MA 02138
United States

Manal Cheema

School of Law, Alumnus or Degree Candidate Author, School of Law, Alumnus or Student ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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