What Alexander Hamilton Can Teach Us About Cyber Policy

Defense One, July 21, 2018

2 Pages Posted: 31 May 2019

See all articles by Jessica Zhanna Malekos Smith

Jessica Zhanna Malekos Smith

Duke Law School; Kings College London, Department of War Studies, Students

Date Written: July 21, 2018

Abstract

In 1774, Alexander Hamilton posited that good policy consists of three ingredients: “First, that the necessity of the times require it. Secondly, that it be not the probable source of greater evils, than those it pretends to remedy. And lastly, that it have a probability of success.”

Though this Hamiltonian framework is useful for any policy discussion, it is a particularly good lens for the cyber realm, for it encourages policymakers to balance the expected effects and unintended consequences of a proposed policy; and to harmonize concerns over too little, or too much, government intervention. This article applies the first Treasury Secretary’s principles to addressing Chinese economic espionage against the U.S.

Keywords: cyberlaw, cyber, espionage, economic espionage, Hamilton, war, conflict, trade, industrial espionage, national security

Suggested Citation

Malekos Smith, Jessica Zhanna, What Alexander Hamilton Can Teach Us About Cyber Policy (July 21, 2018). Defense One, July 21, 2018. Available at SSRN: https://ssrn.com/abstract=3379296

Jessica Zhanna Malekos Smith (Contact Author)

Duke Law School ( email )

210 Science Drive
Durham, NC 27708-0204
United States

Kings College London, Department of War Studies, Students ( email )

King's College London, Strand
London, WC2R 2LS
United Kingdom

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