Cyber Warfare Still Poses Legal Questions

A body of accepted international law on cyber warfare slowly is emerging, but more needs to be done to address new world of aggression, civilian and military officials said Tuesday.

Mission Intelligence: NROs Newest Spy Satellites (click image for larger view and for slideshow)
Legal norms are emerging in cybersecurity, but many questions about what is legal and what is not in cyber warfare remain unanswered, both in the U.S. and on the international stage, diplomatic and national security officials said Tuesday at an event hosted by U.S. Cyber Command at Fort Meade, Md.
Attorneys and scholars face a variety of complex legal issues arising around the use of this new technology, Cyber Command chief of staff Rear Adm. Margaret Klein said at the conference. However, she was quick to add, as other speakers also added, that basic agreed-upon legal principles exist. For example: the United States government believes that operations in cyberspace should follow parallel rules for military operations in the real or kinetic world.
Klein said that although the leap to
cyber warfare
represents a shift in the way that the military carries out its operations, it is not dissimilar to other technological leaps that were also accompanied by a lag in the development of related legal norms. Unfortunately, the world is now moving at a much faster pace, and glacial development of the laws of cyber war is not something Klein wants to see. We dont have that much time, she said.
[ Read
White House, Cybersecurity Chiefs Back Proposed Legislation
. ]
Col. Gary Brown, Cyber Commands outgoing staff judge advocate, said the laws of
cyber espionage
are underdeveloped. Typically, he said, international law is silent on espionage, but different norms might emerge in the cyber arena. Were starting to see public condemnation of espionage and starting to see attribution to foreign nations, he said. Thats an indication that there might be something different about cyber espionage than regular espionage.
Other unanswered questions, according to State Department legal advisor and former Yale Law School dean Harold Koh, include how to deal with the fact that both the military and the private sector use the same communications and data infrastructure and how to address attribution. Furthermore, a number of countries dont agree with the U.S. even on areas of cyber law that U.S. officials consider settled, such as whether established principles of international law even apply to cyberspace at all.
However, Koh said, there are numerous areas in the law of cyber warfare that the U.S. government, at least, does consider to be established. For example, cyber activities might constitute a use of force under international law, and a nations right to self-defense may be triggered by
hacks
that amount to either an armed attack--such as where the cyber attack results in loss of life or major property damage--or imminent threat. He also said that principles of a proportional response apply, and that attacks that cause unnecessary incidental loss of human life or property damage could be considered excessive.
We will be safer the more we can rally other states to the view that these principles do establish meaningful constraints and that there is already law that establishes legal principles in cyberspace, Koh said.
InformationWeek Governments
GovCloud 2012
is a day-long event where IT professionals in federal, state, and local government will develop a deeper understanding of the options available today. IT leaders in government and other experts will share best practices and their advice on how to make the right choices. Join us for this insightful gathering of government IT executives to hear firsthand about the challenges and opportunities of cloud computing. It happens in Washington, D.C., on Oct. 17.

Last News
▸ Hack Your Hotel Room ◂ Discovered: 23/12/2024 Category: security	▸ Website hacks happened during World Cup final. ◂ Discovered: 23/12/2024 Category: security	▸ Criminal Possession of Government-Grade Stealth Malware ◂ Discovered: 23/12/2024 Category: security

**Cyber Security Categories**
Google Dorks Database	Exploits Vulnerability	Exploit Shellcodes

CVE List

Tools/Apps

News/Aarticles

Phishing Database

Deepfake Detection

Trends/Statistics & Live Infos

Tags:
Cyber Warfare Still Poses Legal Questions