Cyberwarfare in International Law

belmolis writes "If the CIA is right to attribute recent blackouts to cyberwarfare, cyberwarfare is no longer science fiction but reality. In a recent op-ed piece and a detailed scholarly paper, legal scholar Duncan Hollis raises the question of whether existing international law is adequate for regulating cyberwarfare. He concludes that it is not: 'Translating existing rules into the IO context produces extensive uncertainty, risking unintentional escalations of conflict where forces have differing interpretations of what is permissible. Alternatively, such uncertainty may discourage the use of IO even if it might produce less harm than traditional means of warfare. Beyond uncertainty, the existing legal framework is insufficient and overly complex. Existing rules have little to say about the non-state actors that will be at the center of future conflicts. And where the laws of war do not apply, even by analogy, an overwhelmingly complex set of other international and foreign law rules purport to govern IO.'"

Comments

Re:Any Babelfish in the house?

[PopeRatzo]

Informative as usual, smitty, but I'm afraid this all has more to do with digital file-sharing than anything else.

Our window of privacy is closing rather rapidly. Today, the US Eavesdropping Regime made a huge step forward, using complicit and spineless democrats like Harry Reid and Jay Rockefeller as their point men. The telecommunications industry's bribes were just to much for them to resist, apparently.

The lesson I've learned in the past 7 years is this: when you start to hear trial balloons floated about an issue of authoritarian enforcement, whether it's surveillance, police powers, rights of the accused, it's almost always about corporate profits rather than the "security" of the citizens of America or anywhere else.

At this point, I'm prepared to take my chances with the terrorists, but I want to be protected from those in power. I like my odds vs. the terrorists. But the people who are currently in power have both motive and opportunity. Plus, they've proven themselves to be hostile to the peace, well-being and liberty of both US citizens and the rest of the world. We have witnessed their misdeeds. It's only a matter of time until they strike again (and I don't mean the Islamonaziliberals).