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Semi-State Actors in Cybersecurity
Semi-State Actors
in Cybersecurity
F L O R IA N J. E G L O F F
1
3
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
DOI: 10.1093/oso/9780197579275.001.0001
1 3 5 7 9 8 6 4 2
Paperback printed by LSC Communications, United States of America
Hardback printed by Bridgeport National Bindery, Inc., United States of America
Contents
I N T R O DU C T IO N A N D R E SE A R C H ST R AT E G Y
1. Introduction 3
2. Using a Historical Analogy as a Research Strategy 17
H I S T O R I E S O F T H E SE A A N D C Y B E R SPAC E ,
C OM PA R I S O N , A N D L O C AT I N G
T H E A NA L O G Y I N T I M E
3. A History of the Loosely Governed Seas between the 16th and
19th Centuries: From the Age of Privateering to Its Abolition 41
4. A Brief History of Cyberspace: Origins and Development of
(In-)Security in Cyberspace 63
5. The Sea and Cyberspace: Comparison and Analytical Lines of
Enquiry 73
A P P LY I N G T H E A NA L O G Y T O C Y B E R SE C U R I T Y
6. Cyber Pirates and Privateers: State Proxies, Criminals, and
Independent Patriotic Hackers 91
7. Cyber Mercantile Companies: Conflict and Cooperation 127
C O N C LU SIO N
Conclusion 173
Tables
Figures
Semi-State Actors in Cybersecurity. Florian J. Egloff, Oxford University Press. © Florian J. Egloff 2022.
DOI: 10.1093/oso/9780197579275.003.0001
4 Introduction and Research Strategy
actors looked at in this book have historically been, and continue to be, cru-
cial participants in the political contestations on what sovereignty and state-
hood mean.
The analytic perspective adopted will highlight the fluidity of the legit-
imacy of the state. I am interested in topics such as private hacking, state
interactions with cybercriminals, and large technology companies and their
various interactions with states. Are states able to deny access to markets and
restrict activities of large technology companies and service providers? Are
these corporations depending on ‘peace’ in cyberspace provided and en-
forced by states? Is cybercrime ‘just’ a crime or does it play a different func-
tion in international security?3
To the cybersecurity scholarship, the book contributes a historical lens
with which to analyse changing relationships and tensions between different
types of actors and the state. Thereby, the cybersecurity literature already has
significant works detailing some of these relationships. For example, some
have looked at particular types of actors (states, terrorists, hacktivists, etc.)
and characterized their cyber strategies and operations.4 Others have looked
at proxy actors—though most assume a fixed state and non-state identities.5
I will add a historical perspective of countervailing tensions and a co-pres-
ence in a joint security ecosystem of actors with varying proximity to the
state. By countervailing, I mean, for example, it is not just the state that ‘uses’
other actors but sometimes also the reverse. Furthermore, the different types
of actors, such as the ones just detailed, exist in the same universe and jointly
create an intelligible cyber(in-)security ecosystem that we all inhabit.
Thus, the focus of the book lies in examining complex relationships be-
tween different actors in cybersecurity and the state. I introduce nuance to
the discussion on how actors are connected to the state and what sort of se-
curity challenges and opportunities those relationships entail. To do this,
I use a historical analogy to pirates, privateers, and mercantile companies,
which I will now briefly introduce.
Pirates, privateers, and mercantile companies were integral to maritime
security between the 16th and 19th centuries. They traded, explored, plun-
dered, and controlled sea lanes and territories across the world’s oceans.
State navies often lagged behind. Working for a navy was associated with
lower pay, more hierarchical organisations, and less flexibility to accom-
modate other foreign power structures. In contrast, working for another
more unconventional actor enabled sailors to thrive in the seams between
state powers. The seas thereby offered opportunity and peril. Opportunity
Introduction 5
because crews expected to profit directly from the journeys. Peril because life
on the seas was rough—the business of long-distance trade and violence at
sea fraught with the risk of death.
Today, people are again seeking their fulfilment, destiny, and luck with
more unconventional actors. As cyberspace is weaved into the fabric of
all aspects of society, the provision and undermining of security in digital
spaces have become a new arena for digital pirates, privateers, and mercantile
companies. This book details their actions at the seams between state powers.
Through collaboration and competition with states, these actors thrive due
to the ever-increasing extension of human interaction into this newer global
domain. Power, money, and the thrill to explore still drive individuals. In dif-
ferent forms of organisations, large technology companies, patriotic hackers,
and cybercriminals have all presented difficult political challenges, defying
the largely state‐centric political paradigms in international politics.
I use the historical analogy as a methodological tool to illuminate the re-
lationships of actors with significant cyber capabilities to states. This is im-
portant, as both historically on the sea and in cyberspace, states are not the
main actors but are reliant on private actors to act in their interests. Drawing
on the results of a five-year investigation at the University of Oxford, in-
cluding significant archival research, I will show how the historical analogy
can aid us to better understand the roles of semi-state actors with varying
degrees of state proximity. We will see, first, empirically how the issues raised
by naval security arrangements during the 16th–19th centuries, when states
attempted to increase their influence over the high seas through cooperation
with or toleration of other actors, can be analogized to the security dynamics
observed in cyberspace. Second, I will show how such an application of the
concepts, derived from a particular historical understanding of mercantile
companies, privateers, and pirates, changes our understanding of cyber(in-)
security. Thereby, the underlying domains—cyberspace and the sea—have
some important commonalities and differences, which will be discussed in
detail.6 For now, suffice it to say that the focus will be on the relationships of
these unconventional actors to states and not primarily on the domain itself.
Relatively little work on privateering and mercantile companies exists in
the field of international relations. The small body of work that does high-
lights the merit of integrating early modern historical development into
contemporary international relations; for example, Janice E. Thomson
highlighted the process of eradication of private violence looking at mer-
cantile companies, privateers, and pirates.7 However, dealing with early
6 Introduction and Research Strategy
State actors Navy (including Cyber armies, intelligence, police forces, state
mercenaries) contractors, offensive security providers
Source: A similar table was published in Florian J. Egloff, ‘Cybersecurity and the Age of Privateering: A
Historical Analogy’, University of Oxford Cyber Studies Working Papers, no. 1 (2015). Published elec-
tronically 4 March 2015, https://perma.cc/XC33-GT7W.
Introduction 7
form of the protection of one’s privacy, whereas for businesses, it may con-
cern the stability of operations. Thus, as explained, cyber(in-)security points
to the simultaneous security and insecurity that certain practices produce,
depending on the actor’s perspective.15
Overall, I will put forward three main claims that together reward us with a
new lens of understanding the international politics of cyber(in-)security.
First, by analysing contestations in cyber(in-)security against the back-
ground of the history of contestations in piracy and privateering, one can
better understand how state proximity is used politically by both attackers
and defenders. In the cases investigated, both the attacking and defending
governments had significant influence shaping the public narrative about
how the attacking ‘hackers’ are linked to a state. This mirrors the historical
evolution of the pirate and privateer: governments and mercantile com-
panies used different types of constructions politically, which, over time,
shaped the normative space of what behaviour was tolerated on the seas.
This also changes our understanding of attribution, a key element in the
strategic use of cyber means, by shifting our focus on the political drivers
of public attribution.16 Based on the historical investigation of pirates and
privateers, the book will show that one can better understand attribution
claims made by defenders as political claims, in which they select from dif-
ferent types of narratives of how to construct the proximity to the state. The
categories of the pirate and privateer were significantly reshaped over the
time span investigated in this book. Thus, the historically informed view on
how public attributions of individual cyber incidents interact with shaping
actor categories over time is an element the analogy is uniquely placed to
contribute.
Second, the longevity and path dependencies of historical privateering
setups refine our understanding of the constancy, as well as the long-term
risks and rewards, of state collaboration with cybercriminals. I will examine
the alignment between Russian cybercriminal networks and Russian state
interests and analogize the relationship between Russian cybercrime and the
Russian state to historical privateers and pirates. Analytically privateering
is a particular type of incentive structure in which one actor (the sover-
eign/the state/the mercantile company) tries to channel the self-interested
Introduction 9
share the stage with states do not directly challenge states in as much as they
change them: they create ‘new wealth, new coalitions, and new attitudes’.18
Joseph Nye concluded that ‘cyberspace will not replace geographical space
and will not abolish state sovereignty, but like the town markets in feudal
times, it will coexist and greatly complicate what it means to be a sovereign
state or a powerful country in the twenty-first century’.19 My interest lies in
developing this further theoretically, that is, how these metaphorical town
markets interact with states. That is, how new actors are linked to states and
what security dynamics are triggered by the perceived existence of such
relationships.
Thus, the insights into how categories of the pirate, privateers, and mer-
cantile companies and their configurations to states changed over time en-
able a new analysis of the current (re-)configuration of the analogical cyber
actors. For example, I will look at how cyber mercantile companies are using
their status of quasi-sovereigns and ‘mere merchants’ to order their relations
to states. This allows for a deeper insight into how cyber(in-)security politics
takes place among and across these actors.
The analogical analysis will illuminate both pathways for optimism and
pessimism. Pessimism is warranted, as the historical phenomena changed
slowly and over centuries. I will identify political path-dependent policy
choices that can explain why cyber privateers and pirates will continue to
exist and show instances where cyber mercantile companies fight for their
own political agendas, leaving little hope that cybersecurity could be a
good enjoyed by everyone. However, the book will end on an optimistic
note: countervailing trends do exist. Cyber mercantile companies need
not be a menace. Rather, they could also become anchors of stability as
their interest in a stable environment coupled with their political power
open new pathways for change. For example, their resistance to excessive
government surveillance and their insistence on globally compatible jur-
isdictional solutions to cyberspace can curtail some states’ extraterritorial
ambitions.
The hope is that the perspective developed contributes to a more stable,
cooperative, and secure cyberspace for its users. As the discussions around
cyber(in-)security often focus on the asymmetric ways actors can profit from
insecurity, I hope that by offering a holistic understanding, the foundations
are laid for designing innovative and more durable approaches to cyber(in-)
security challenges.
Introduction 11
Just as these historical actors interacted amongst one another and with
states, similarly today, a variety of actors are operating in concert with states
to make use of the insecurity of cyberspace to further their own interests.
However, the types of interactions between the actors and the effects of their
undertakings are poorly understood. The book addresses this gap by pro-
viding a more nuanced understanding of the state’s relationships to private
actors both historically on the sea and contemporarily in cyberspace.20 The
analogical analysis enables observing the interaction between these actors
over time, particularly with respect to state proximity, to better understand
the type of challenges witnessed in a loosely governed cyberspace.
The analogy has never been explored in depth. Previous work referring
to the analogy examined in this book has either been very short, focused
on cyberwarfare or centred on privateering as a policy option.21 This is
problematic as ‘the choice of a metaphor carries with it practical implica-
tions about contents, causes, expectations, norms, and strategic choices’.22
In cyber(in-)security, academic work has discussed both how analogies are
used and offered various alternative analogies.23 Some have pointed out that
the Cold War concepts used in cyber(in-)security are misleading and that
privateering may offer an alternative perspective.24 Thus, this book evaluates
this alternative perspective by investigating one composite analogy further,
namely the one to mercantile companies, privateers, and pirates.
To do that, I will develop a conceptual lens with which to capture state
proximity and a macro-historical process focus (detailed in Chapter 2). The
state-proximity lens views state proximity as a continuum, enabling a broad
categorization of actors into state, semi-state, and non-state actors. Thereby,
mercantile companies are a special type of semi-state actor due to their func-
tional agency that, in some respects, they resemble a quasi-sovereign.
The focus on interactive macro-historical processes leads to three spe-
cific ways of investigating the actors in history. First, due to the interest in
state proximity of the actors over time, the question of interest is on how an
actor renders itself and is being rendered as proximate to the state. Thus,
this entails an acknowledgement that one must understand both the actors’
agency and how other actors and processes are shaping the actor’s state
proximity. When speaking of actors, thereby, it is of great importance to
have an in-depth look at a specific time period, as all the meanings and
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Means of
Chemical Belligerent Effect
Projection
Benzyl iodide French Lachrymatory Artillery shell
Benzyl chloride French Lachrymatory Artillery shell
Bromoacetone French Lachrymatory Artillery shell
Lethal
Bromobenzylcyanide French Lachrymatory Artillery shell
Bromomethylethylketone German Lachrymatory Artillery shell
Lethal Artillery shell
Benzyl bromide German Lachrymatory Artillery shell
French
Chlorine German Lethal Cylinders
British (cloud gas)
French
American
Chlorosulfonic acid German Irritant Hand grenades,
light minenwerfer
Chloroacetone French Lachrymatory Artillery shell
Chlorobenzene (as solvent) German Lachrymatory Artillery shell
Chloropicrin British Lethal Artillery shell
French Lachrymatory Trench mortar
bombs
German Projectors
American
Cyanogen bromide Austrian Lethal Artillery shell
Dichloromethylether German Lachrymatory Artillery shell
(as solvent)
Diphenylchloroarsine German Sternutatory Artillery shell
Lethal
Dichloroethylsulfide German Vesicant Artillery shell
French Lethal
British Irritant
American
Ethyldichloroarsine German Lethal Artillery shell
Ethyliodoacetate British Lachrymatory Artillery shell,
4-in. Stokes’
mortars,
hand grenades
French (In mixtures. See Lachrymatory
Hydrocyanic acid
below)
Methylchlorosulfonate German Irritant Minenwerfer
Monochloromethylchloroformate French Lachrymatory Lachrymatory
Phosgene British Lethal Projectors,
French trench mortars,
German artillery shell,
American cylinders
Means of
Chemical Belligerent Effect
Projection
Phenylcarbylaminechloride German Lachrymatory Artillery shell
Irritant
Trichlormethylchloroformate German Lethal Artillery shell
Stannic chloride British Irritant Hand grenades
French Cloud forming Artillery
American Projectors
4-in. Stokes’
mortar bombs
Sulfuric anhydride German Irritant Hand grenades,
minenwerfer,
artillery shell
Xylyl bromide German Lachrymatory Artillery shell
TABLE I—Continued
Means of
Chemical Belligerent Effect
Projection
Mixtures[4]
Bromoacetone (80%) and French Lachrymatory Artillery shell
Chloroacetone (20%) Lethal
Chlorine (50%) and British Lethal
Cylinders
Phosgene (50%) German
Chlorine (70%) and Lethal
British Cylinders
Chloropicrin (30%) Lachrymatory
Chloropicrin (65%) and Lethal
British Cylinders
Hydrogen sulfide (35%) Lachrymatory
Chloropicrin (80%) and British Lethal Artillery shell
Stannic chloride (20%) French Lachrymatory Trench mortar bombs
American Irritant Projectors
Chloropicrin (75%) and Lethal Artillery shell
Phosgene (25%) British Lachrymatory Trench mortar bombs,
projectors
Dichloroethyl sulfide (80%) German Vesicant
and Chlorobenzene (20%) French Lethal Artillery shell
British
American
Ethyl carbazol (50%) and Sternutatory
German Artillery shell
Diphenylcyanoarsine (50%) Lethal
Ethyldichloroarsine (80%) and Lethal
German Artillery shell
Dichloromethylether (20%) Lachrymatory
Ethyliodoacetate (75%) and Artillery shell,
Alcohol (25%) British Lachrymatory 4-in. Stokes’ mortars,
Means of
Chemical Belligerent Effect
Projection
hand grenades
Hydrocyanic acid (55%)
Chloroform (25%) and British Lethal Artillery shell
Arsenious chloride (20%)
Hydrocyanic acid (50%),
Arsenious chloride (30%), French Lethal Artillery shell
Stannic chloride (15%) and
Chloroform (5%)
Phosgene (50%) and
British Lethal Artillery shell
Arsenious chloride (50%)
Dichloroethyl sulfide (80%) German Vesicant
and Carbon tetrachloride (20%) French Lethal Artillery shell
British
American
Phosgene (60%) and British Lethal
Artillery shell
Stannic chloride (40%) French Irritant
Methyl sulfate (75%) and Lachrymatory
French Artillery shell
Chloromethyl sulfate (25%) Irritant
(2) To simulate the presence of a toxic gas. This may be done either by
using a substance whose odor in the field strongly suggests that of the gas
in question, or by so thoroughly associating a totally different odor with a
particular “gas” in normal use that, when used alone, it still seems to imply
the presence of that gas. This use of imitation gas would thus be of service
in economizing the use of actual “gas” or in the preparation of surprise
attacks.
While there was some success with this kind of “gas,” very few such
attacks were really carried out, and these were in connection with projector
attacks.
Gases Used
Table I gives a list of all the gases used by the various armies, the
nation which used them, the effect produced and the means of projection
used.
Table II gives the properties of the more important war cases (compiled
by Major R. E. Wilson, C. W. S.).
The gases used by the Germans may also be classified by the names
of the shell in which they were used. Table III gives such a classification.
TABLE II
Physical Constants of Important War Gases
Liquid
Vapor
Density
Melting Boiling Pressure
Molecular at 20° C.
Name of Gas Formula point, point, at 20° C.
Weight under
°C. °C. (mm.
Own
Hg)
Pressure
Liquid
Vapor
Density
Melting Boiling Pressure
Molecular at 20° C.
Name of Gas Formula point, point, at 20° C.
Weight under
°C. °C. (mm.
Own
Hg)
Pressure
Bromoacetone C₃H₅BrO 136.98 1.7(?) - 54 126 9(?)
Carbon monoxide CO 28.00 (Gas) -207 -190 (Gas)
Cyanogen bromide BrCN 106.02 2.01 52 61.3 89
Cyanogen chloride ClCN 61.56 1.186 -6 15 1002
Chlorine Cl₂ 70.92 1.408 -101.5 33.6 5126
Chloropicrin Cl₃C(NO₂) 164.39 1.654 - 69.2 112 18.9
Dichloroethyl sulfide (CH₃CHCl₂)S 169.06 1.274 12.5 216 .06
Diphenylchloroarsine (C₆H₅)₂AsCl 264.56 1.422 44 333 .0025
Hydrocyanic acid HCN 27.11 .697 - 14 26.1 603
Phenyldichloroarsine C₆H₅AsCl₂ 210.96 1.640 ... 253 .022
Phosgene COCl₂ 98.92 1.38 ... 8.2 1215
Stannic chloride SnCl₄ 260.54 2.226 - 33 114 18.58
Superpalite CCl₃COOCl 197.85 1.65 ... 128 10.3
(
Xylyl bromide CH₃)C₆H₄CH₂Br 185.03 1.381 -2 214.5 ...
TABLE III
German Shell
Nature of
Name of Shell Shell Filling
Effect
B-shell [K₁ shell (White B or BM)] Bromoketone Lachrymator
(Bromomethylethyl ketone)
Blue Cross (a) Diphenylchloroarsine Sternutator
(b) Diphenylcyanoarsine Sternutator
(c) Diphenylchloroarsine,
Ethyl carbazol
C-shell (Green Cross) (White C) Superpalite Asphyxiant
D-shell (White D) Phosgene Lethal
(a) Superpalite
Green Cross Asphyxiant
(b) Phenylcarbylaminechloride
Superpalite 65%,
Green Cross 1 Asphyxiant
Chloropicrin 35%
Nature of
Name of Shell Shell Filling
Effect
Superpalite,
Green Cross 2 Phosgene, Asphyxiant
Diphenylchloroarsine
Green Cross 3 Ethyldichloroarsine,
(Yellow Cross 1) Methyldibromoarsine, Asphyxiant
Dichloromethyl ether
K-shell (Yellow) Chloromethylchloroformate Asphyxiant
(Palite)
Xylyl bromide,
T-shell (Black or green T) Lachrymator
Bromo ketone
Mustard gas,
Yellow Cross Vesicant
Diluent (CCl₄, C₆H₅Cl, C₆H₅NO₂)
Yellow Cross 1 See Green Cross 3
CHAPTER III
DEVELOPMENT OF THE CHEMICAL WARFARE
SERVICE
Administration Division
The Administration Division was the result of the development
which has been sketched in the preceding pages. It is not necessary
to review that, but the organization as of October 19, 1918 will be
given:
Director Major General Wm.
L. Sibert
Staff:
Medical Officer Colonel W. J. Lyster
Ordnance Officer Lt. Col. C. B.
Thummel
British Military Mission Major J. H. Brightman
Colonel H. C.
Assistant Director
Newcomer
Office Administration Major W. W. Parker
Relations Section Colonel M. T. Bogert
Personnel Section Major F. E. Breithut
Contracts and Patents Captain W. K.
Section Jackson
Finance Section Major C. C. Coombs
Requirements and Progress Capt. S. M. Cadwell
Section
Confidential Information Major S. P. Mullikin
Section
Captain H. B.
Transportation Section
Sharkey
Training Section Lt. Col. G. N. Lewis
Procurement Section Lt. Col. W. J. Noonan
The administrative offices were located in the Medical
Department Building. The function of most of the sections is
indicated by their names.
The Industrial Relations Section was created to care for the
interests of the industrial plants which were considered as essential
war industries. Through its activity many vitally important industries
were enabled to retain, on deferred classification or on indefinite
furlough, those skilled chemists without which they could not have
maintained a maximum output of war munitions.
In the same way the University Relations Section cared for the
educational and research institutions. In this way our recruiting
stations for chemists were kept in as active operation as war
conditions permitted.
Another important achievement of the Administration Section was
to secure the order from The Adjutant General, dated May 28, 1918,
that read:
“Chemists in Camp
“As the result of the letter from The Adjutant
General of the Army, dated May 28, 1918, 1,749
chemists have been reported on. Of these the report
of action to August 1, 1918, shows that 281 were
ordered to remain with their military organization
because they were already performing chemical
duties, 34 were requested to remain with their
military organization because they were more useful
in the military work which they were doing, 12 were
furloughed back to industry, 165 were not chemists
in the true sense of the word and were, therefore,
ordered back to the line, and 1,294 now placed in
actual chemical work. There were being held for
further investigation of their qualifications on August
1, 1918, 432 men. The remaining 23 men were
unavailable for transfer, because they had already
received their overseas orders.
“The 1,294 men, who would otherwise be
serving in a purely military capacity and whose
chemical training is now being utilized in chemical
work, have, therefore, been saved from waste.
“Each case has been considered individually, the
man’s qualifications and experience have been
studied with care, the needs of the Government
plants and bureaus have been considered with
equal care, and each man has been assigned to the
position for which his training and qualifications
seem to fit him best.
“Undoubtedly, there have been some cases in
which square pegs have been fitted into round
holes, but, on the whole, it is felt that the
adjustments have been as well as could be
expected under the circumstances.”
Research Division
The American University Experiment Station, established by the
Bureau of Mines in April, 1917, became July 1, 1918 the Research
Division of the Chemical Warfare Service. For the first five months
work was carried out in various laboratories, scattered over the
country. In September, 1917, the buildings of the American
University became available; a little later portions of the new
chemical laboratory of the Catholic University, Washington, were
taken over. Branch laboratories were established in many of the
laboratories of the Universities and industrial plants, of which Johns
Hopkins, Princeton, Yale, Ohio State, Massachusetts Institute of
Technology, Harvard, Michigan, Columbia, Cornell, Wisconsin, Clark,
Bryn Mawr, Nela Park and the National Carbon Company were
active all through the war.
At the time of the signing of the armistice the organization of the
Research Division was as follows:
Col. G. A. Burrell Chief of Research Division
Dr. W. K. Lewis In Charge of Defense Problems
Dr. E. P. Kohler[5] In Charge of Offense Problems
Dr. Reid Hunt Advisor on Pharmacological Problems
In Charge of Editorial Work and Catalytic
Lt. Col. W. D. Bancroft
Research
Lt. Col. A. B. Lamb[6] In Charge of Defense Chemical Research
Dr. L. W. Jones[7] In Charge of Offense Chemical Research
Major A. C. Fieldner In Charge of Gas Mask Research
Major G. A. Richter In Charge of Pyrotechnic Research
Capt. E. K. Marshall[8] In Charge of Pharmacological Research
Dr. A. S. Loevenhart[9] In Charge of Toxicological Research
Major R. C. Tolman In Charge of Dispersoid Research
Major W. S. In Charge of Small Scale Manufacture
Rowland[10]
In Charge of Mechanical Research and
Major B. B. Fogler[11] Development
Captain G. A. Rankin In Charge of Explosive Research
Major Richmond In Charge of Administration Section
Levering