Cyber Law
In this course I have gained knowledge of constitutional, civil, criminal, and related legal considerations that arise in the context of work or citizenship in an increasingly cyber/digital world. Whether the I or another seeks a career in the public or private sector, we will gain insight into both the limits and authorities on government or private sector activities, from the creation and protection of intellectual property to the investigation of unlawful cyber activities to the considerations of cyber operations in an increasingly dangerous world. This broadened awareness will help students successfully navigate and strengthen personal and professional choices as they move ahead.
Course Material
Prior Restraints on Freedom of Expression
Prior restraints are actions enforced by the government to prevent speech or expressions before they occur. I believe that limits on prior restraints are essential in a free society because not only does the act itself in specific scenarios violate the constitution, but it also prevents government officials from gatekeeping public discourse. Without strict limits, the government could potentially fall into dictatorship by suppressing criticism and wrongdoings and controlling the flow of information by labeling it as “protection.”
Ken has a top-secret security clearance and works for the National Security Agency (NSA). For work he is a signals‑intelligence analyst; He has access to classified intercepts, decryption tools, and internal reports detailing U.S. cyber‑operations against foreign adversaries.
Ken believes the surveillance practices are unethical; he then shares information for free, describing a recently developed NSA cyber‑tool capable of penetrating foreign telecommunications networks, along with documentation showing how the tool has been deployed with a transparency‑focused investigative journalism group called Global Accountability Network (GAN).
The documents will be made available online by this organization as part of a report on government cyber-operations. But prior to publication, the U.S. After learning of the leak, the Justice Department files a request for an emergency injunction in federal court to prevent GAN from disclosing the information.
The government’s attempt to stop this publication would be understandable considering a national security perspective, but under the First Amendment, prior restraints are almost never allowed. Ken can be prosecuted because he is a government employee and signed nondisclosure agreements, which are bound by federal criminal statutes. However, preventing GAN from publishing would require proof of direct, immediate, and irreparable harm, which the government rarely manages to display. Therefore, the prior restraint in this scenario would likely be unlawful under the First Amendment rights.