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The New Air Force Mission?
mvnicosia asks: "The US Air Force has released its new mission statement, which reads 'The mission of the United States Air Force is to deliver sovereign options for the defense of the United States of America and its global interests -- to fly and fight in Air, Space, and Cyberspace.' With the recent rows over US Internet governance, what do you think is the impact of a US government overtly practicing cyberspace warfare? And what are the US's legal limitations?"
You could be worried about it but if you read it more narrowly and in context, it's not that scary. The USAF will fight in space, air, and cyberspace as it relates to warfare. Given how dependent the US miliary and other militaries are on information, it's reasonable to expect them to practice techniques for attacking and defend networks. Put it another way, while the air force practices gaining air superiority, we rarely ever see them go around downing civilian aircraft in times of peace (though there have been mistakes). Just because they're developing the ability it doesn't mean they're going to recklessly use it on everyone. The military needs to be prepared for things that might happen.
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After spending 22 years wearing the USAF uniform I think I can be confident in saying that the new mission statement has been looked over and discussed by many General officers, public affairs officers and lawyers both civilian and blue-suiters. They don't often post public statements like that without knowing exactly what ramifications might pop up.
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Traditional Geneva Conventions apply to air. There are few practical constraints here.
There are separate treaties outlawing militarization of space. How prohibitive the treaties will be in practice is yet to be seen. Regardless the US will always act to defend itself, particularly in regards to its satellite system which is today's "high ground" that facilities military dominance. Certainly the US will deploy defensive systems to protect satellites. Whether it will deploy systems designed to disable enemy satellites is uncertain, but likely.
There are no legal treaties explicitly controlling cyber wars. There may be some older international law that could be applied to this new arena. Such would be similar to the desire of some to apply the international laws allowing nations the right to attack and capture pirates to the current war on terrorism -treating terrorists as pirates. If legal scholars can see parallels here, they'll surely see them in cyber warfare.
Today many would consider carpet bombing an entire city filled with civilians in an attempt to destroy a radar tower as a practical violation of the Geneva Conventions' rule against targeting civilians because the same tower could be destroyed with other means that would not endanger a whole city of noncombatants.
Would targeting an entire ISP to take out one terrorist website be similar? If that ISP refused to take down the website, how careful does the US have to be if it chooses to electronically attack it? Can it wipe out the data on all the ISP's servers, thus affecting "noncombatant websites?" Or must it be more careful and try to affect only the enemy's website? Probably not because the collateral damage is not that serious... loss of a website, eh... he'll live.
But what if the US is at war with an entire country, how careful must it be in attacking entire networks in that country? In that case, there may be some serious considerations. Taking out a major ISP may disrupt not only government and military networks of the enemy but also hospital networks or networks that control municipal water systems, etc, etc, which would knowingly endanger civilian lives and possibly affect third party nations. In war a country must differ to saving its citizen's lives over those of the enemy when it has no other options. So, I suppose the legal limitations are such that the US has to decided, what options it has that will likely defeat/incapacitate the enemy and then choose the ones that least endanger civilians (lives and property). Maybe it will be that cruise missiles are safer to civilians than a cyber war.