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Traditional Military Activities In Cyberspace: Preparing For "Netwar", Paul A. Walker
Traditional Military Activities In Cyberspace: Preparing For "Netwar", Paul A. Walker
Paul A. Walker
Recently, questions have arisen regarding the U.S. military's actions in cyberspace with some claiming those activities fall under the covert action reporting statute. This Article examines this questions and concludes that such actions are not subject to the covert action reporting statute because they are traditional military activities, an exemption provided by Congress when the covert action reporting statute was passed as part of the Intelligence Authorization Act of 1991. An examination of the legislative history reveals wide latitude for military operations that are conducted under the "direction and control" of a military commander prior to, or during, anticipated hostilities. …
Rethinking Computer Network "Attack:" Implications For Law And U.S. Doctrine, Paul A. Walker
Rethinking Computer Network "Attack:" Implications For Law And U.S. Doctrine, Paul A. Walker
Paul A. Walker
Because much of current legal scholarship uncritically accepts either popular, hacker-based notions of computer “attacks” or the definition of “computer network attack” used in United States military doctrine, a critical approach to what constitutes an "attack" under international humanitarian law is needed. First making the case that the definition of “attack” in Article 49 of Additional Protocol I is customary international law, the article examines a number of methodologies that can provide the appropriate determination that an “act of violence” involving computers, computer networks or information systems has occurred. Of the three methodologies examined, the consequence-based method is the most …