Print Archive

I would like to thank Professor Douglas Baird for his insightful comments and strong support for this project. I would also like to thank Beth Macnab, Nyle Hussain, Bonnie St. Charles, Julian Zhu, Sarah Gaskell, and the rest of the CJIL team for their helpful comments and criticisms, and for their guidance along the way. Lastly, I would like to thank the friends with whom I have discussed this topic in conversation many times and to whose encouragement and support this Comment is largely owed.

I would like to thank Professor Emily Buss, Professor Claudia Flores, and the entire Chicago Journal of International Law staff for providing me with invaluable feedback on this Comment.

The author would like to thank all those involved in creating this Comment, especially her faculty advisor, Professor Tom Ginsburg, her editors (Rebecca Ritchie, Trevor Kehrer, and Silver Lin) and the entire CJIL Board. Finally, special thanks to Bradley, Jeanette, Mark, Chelsea, and Kayla for their consistent and uplifting encouragement.

The author wishes to thank his partner Barbara Silva for her endless love, faith, and support. The author also wishes to thank the entire Chicago Journal of International Law editorial staff for their extensive review, his editor Christine Liu for her guidance, and Professor Adam Chilton for his advisement.

The author would like to thank John Meyer, Woody Powell, Nick Sherefkin, Audrey Tempelsman, and participants in the 2018 American Society of International Law Research Forum for comments on earlier drafts. The author would also like to thank Julian Nyarko for the data on treaties and executive agreements in force, as well as the staff of the Chicago Journal of International Law for their excellent editorial assistance. All views and errors are attributable to the author alone.

The author would like to thank everyone involved in crafting and shaping this Comment, especially her faculty advisor, Professor Mary Ellen O’Connell, her editors (Osama Alkhawaja, Whittney Barth, Michael Christ, Mark Cronin, Nyle Hussain, Casey Jedele, Justyna Jozwik, and Brian Pollock), and the entire CJIL Board. Special thanks to Carol, Mark, Jake, and Rob for their love and support. Finally, this Comment would not exist without Michael J. Assante, in whose memory this Comment is offered, and Page O. Stoutland, who first opened the author’s eyes to the idea of active cyber defense.

I am grateful to Professors Lee Fennell and Tom Ginsburg for their advising and to Whittney Barth, Laurel Hattix, and Siqing Li for their guidance and editing. I would also like to thank the entire staff and board of the Chicago Journal of International Law. All mistakes are my own.

I would like to thank Joseph Raz, Mark Barenberg, Sarah Cleveland, David Bilchitz, David Miller, Thomas Pogge, Leora Dahan Katz, and Yuliya Mik for their insightful comments on earlier drafts of this Article. I presented the Article in a special workshop, Human Rights Accountability of Non-State Actors, which I organized at the IVR World Congress in Lucerne (July 7–13, 2019) and in the Junior Scholar Workshop at the Faculty of Law of the Hebrew University of Jerusalem (Nov. 27, 2019). I am very grateful to all participants of these workshops for their helpful advice. Many thanks to the editors of the Chicago Journal of International Law for their important suggestions and support.

The author is sincerely grateful for feedback on earlier drafts of this Article from Professors Andrew I. Schoenholtz, Guy S. Goodwin-Gill, Katharine Donato, Claire Higgins, Greg Klass, Sherally Munshi, Robin West, Edith Beerdsen, and J. Benton Heath. The author is also grateful to the participants of the 2019 Emerging Scholars Network Workshop hosted by the Kaldor Centre for International Refugee Law at UNSW Sydney and Georgetown’s Institute for the Study of International Migration, as well as the 2018–2019 participants of the Georgetown Law S.J.D./Fellows Workshop. Additionally, the author would like to thank the student research assistants from both Georgetown Law’s Human Rights Institute and NYU Law.

I would like to thank Professors Jonathan Graubart, Nino Guruli, and Aziz Huq for their insightful commentary. I would also like to thank the staff of the Chicago Journal of International Law and the Salzburg Global Seminar for allowing me to present and workshop the ideas in this Comment at their annual symposiums. Lastly, I am indebted to Professor Caroline Kaeb and Carsten Stahn for their substantial research on this subject. All mistakes are my own.

I would like to thank Professor Lakier and the entire Chicago Journal of International Law staff for helping me develop this Comment from a casual question of “is this legal” to a thesis about the way social media companies should be regulated across borders. A particular shout-out goes to the team at Cloudflare, who introduced me to the idea that international law touches more than just trade and migration. This is a piece I am really proud of, and I hope everyone who helped me work on it understands exactly how important their role was.

Thank you to Professors Mark Templeton and Mary Ellen O’Connell for their input and feedback.