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Full-Text Articles in Law
Cyber-Threats And The Limits Of Bureaucratic Control, Susan W. Brenner
Cyber-Threats And The Limits Of Bureaucratic Control, Susan W. Brenner
Susan Brenner
This article argues that the approach the United States, like other countries, uses to control threats in real-space is ill-suited for controlling cyberthreats, i.e., cybercrime, cyberterrorism and cyberwar. It explains that because this approach evolved to deal with threat activity in a physical environment, it is predicated on a bureaucratically organized response structure. It explains why this is not an effective way of approaching cyber-threat control and examines the two federal initiatives that are intended to improve the U.S. cybersecurity: legislative proposals put forward by four U.S. Senators and by the White House; and the military’s development of six distinct …
The Ambiguity Of Cyber Attacks In International Law, Anthony Rodin
The Ambiguity Of Cyber Attacks In International Law, Anthony Rodin
Anthony Rodin
A new family of weaponry has manifested itself in recent years in the realm of cyberspace. Though they rarely cause physical damage, cyber attacks can have debilitating effects on their targets and are becoming more common. As the weapons become more advanced and destructive, their legitimacy vis existing jus in bello and jus ad bellum international law regimes remains unclear. Attempts to rectify this problem are either overbroad or simply impossible. This article reviews the history and development of cyber attacks and the responses they have triggered. It argues that cyber attacks are sui generis weapons and should not be …
Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke
Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke
Susan Brenner
This article is a sequel to Civilians in Cyberwarfare: Conscripts, to be published by the Vanderbilt Journal of Transnational Law. Conscripts addresses the essential role of civilians as participants in cyberwarfare. Here, we explore the potential losses cyberwarfare might cause to civilian entities, including multi-national corporations, utilities, universities and local governments. We explain why cyberwarfare presents unique risks and requires unique executive responses. We also analyze how civilians should manage specific legal liability, political and reputational risks. Finally, we consider whether civilians can expect compensation if the federal government imposes new regulations, appropriates intellectual property, or even conscripts entire businesses …
Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Susan Brenner
Civilians will play an integral role in cyberwar because civilian-owned and –operated entities will be a primary target in cyberwarfare. An attacker’s goal in cyberwar is not to capture physical territory but to erode, even destroy, the target nation’s viability as an economy and, indeed, as a sovereign entity. To do that, a cyberattacker will target the companies that own and operate aspects of the victim nation’s critical infrastructure; those civilians will need to be incorporated into a defensive cyberwarfare response structure if such a response is to be effective. We explain why the use of civilians is essential and …
Cyberwarfare And The Use Of Force Giving Rise To The Right Of Self-Defense, Matthew Hoisington
Cyberwarfare And The Use Of Force Giving Rise To The Right Of Self-Defense, Matthew Hoisington
Matthew Hoisington
Cyberwarfare represents a novel weapon that has the potential to alter the way state and non-state actors conduct modern war. The unique nature of the threat and the ability for cyberwar practioners to inflict injury, death, and physical destruction via cyberspace strains traditional definitions of the use of force. In order to clearly delineate the rights of the parties involved, including the right to self-defense, the international community must come to some consensus on the meaning of cyberwarfare within the existing jus ad bellum paradigm. After examining the shortcomings inherent in classifying cyberattacks according to classical notions of kinetic warfare, …