I worry about secret legal claims. I understand the complexity of cyber operations and not wanting to state our legal case such that potential adversaries are informed about our capabilities. But the hallmark of law is that it is to be public. And if we seek to advance the content of customary international law in the cyber field, we need to assert our legal claims in a public way. It would seem to be that the broad contours of our legal analysis could be made public in such a way that we would not tip our hat.
Great stuff from our friend Anthony Clark Arend