Cyber War

Law and Ethics for Virtual Conflicts

Author: Claire Finkelstein,Jens David Ohlin,Kevin Govern

Publisher: Oxford University Press, USA

ISBN: 0198717504

Category: Law

Page: 320

View: 1070


Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyzes the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.

Experiences in researching conflict and violence

Fieldwork interrupted

Author: Rivas, Althea-Maria,Browne, Brendan Ciarán

Publisher: Policy Press

ISBN: 1447337719

Category: Social Science

Page: 256

View: 2905


This international, edited collection brings together personal accounts from researchers working in and on conflict and explores the roles of emotion, violence, uncertainty, identity and positionality within the process of doing research, as well as the complexity of methodological choices. It highlights the researchers’ own subjectivity and presents a nuanced view of conflict research that goes beyond the ‘messiness’ inherent in the process of research in and on violence. It addresses the uncomfortable spaces of conflict research, the potential for violence of research itself and the need for deeper reflection on these issues. This powerful book opens up spaces for new conversations about the realities of conflict research. These critical self-reflections and honest accounts provide important insights for any scholar or practitioner working in similar environments.

Ethics and Cyber Warfare

The Quest for Responsible Security in the Age of Digital Warfare

Author: George Lucas

Publisher: Oxford University Press

ISBN: 0190276541

Category: Political Science

Page: 256

View: 5133


From North Korea's recent attacks on Sony to perpetual news reports of successful hackings and criminal theft, cyber conflict has emerged as a major topic of public concern. Yet even as attacks on military, civilian, and commercial targets have escalated, there is not yet a clear set of ethical guidelines that apply to cyber warfare. Indeed, like terrorism, cyber warfare is commonly believed to be a war without rules. Given the prevalence cyber warfare, developing a practical moral code for this new form of conflict is more important than ever. In Ethics and Cyber Warfare, internationally-respected ethicist George Lucas delves into the confounding realm of cyber conflict. Comparing "state-sponsored hacktivism" to the transformative impact of "irregular warfare" in conventional armed conflict, Lucas offers a critique of legal approaches to governance, and outlines a new approach to ethics and "just war" reasoning. Lucas draws upon the political philosophies of Alasdair MacIntyre, John Rawls, and Jürgen Habermas to provide a framework for understanding these newly-emerging standards for cyber conflict, and ultimately presents a professional code of ethics for a new generation of "cyber warriors." Lucas concludes with a discussion of whether preemptive self-defense efforts - such as the massive government surveillance programs revealed by Edward Snowden - can ever be justified, addressing controversial topics such as privacy, anonymity, and public trust. Well-reasoned and timely, Ethics and Cyber Warfare is a must-read for anyone with an interest in philosophy, ethics, or cybercrime.

New Technologies and the Law of Armed Conflict

Author: Hitoshi Nasu,Robert McLaughlin

Publisher: Springer Science & Business Media

ISBN: 9067049336

Category: Law

Page: 259

View: 9237


Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.

Sovereignty and the New Executive Authority

Author: Claire Finkelstein,Michael Skerker

Publisher: Oxford University Press

ISBN: 0190922567

Category: Law

Page: 450

View: 8503


The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.

Rutgers Computer & Technology Law Journal: Volume 40, Number 1 - 2014

Author: Rutgers Computer & Technology Law Journal

Publisher: Quid Pro Books

ISBN: 1610278615

Category: Law

Page: 143

View: 2433


The Rutgers Computer & Technology Law Journal now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This first issue of Volume 40, 2014, features the following articles and student contributions: • Article, "A Technological Trifecta: Using Videos, Playlists, and Facebook in Law School Classes to Reach Today's Students," by Dionne Anthon, Anna Hemingway & Amanda Smith • Article, "From the School Yard to Cyberspace: A Review of Bullying Liability," by Elizabeth M. Jaffe • Article, "Building the Ethical Cyber Commander and the Law of Armed Conflict," by Jody M. Prescott • Note, "The 140-Character Campaign: Regulating Social Media Usage in Campaign Advertising," by Jeffrey P. Hinkeldey • Note, "Computerized IEP Generators: The Promise and the Peril," by David Ulric In the new ebook edition, quality presentation includes active TOC, linked notes, active URLs in notes, proper digital and Bluebook formatting, and inclusion of images and tables from the original print edition.

Information security and ethics

concepts, methodologies, tools and applications

Author: Hamid R. Nemati

Publisher: N.A

ISBN: 9781599049373

Category: Computer security

Page: 4037

View: 7802


"This compilation serves as the ultimate source on all theories and models associated with information privacy and safeguard practices to help anchor and guide the development of technologies, standards, and best practices to meet these challenges."--Provided by publisher.

Conflict Law

The Influence of New Weapons Technology, Human Rights and Emerging Actors

Author: William H. Boothby

Publisher: Springer

ISBN: 9462650020

Category: Law

Page: 464

View: 6923


Topics as diverse as the evolving spectrum of conflict, innovations in weaponry, automated and autonomous attack, the depersonalisation of warfare, detention operations, the influence of modern media and the application of human rights law to the conduct of hostilities are examined in this book to see to what extent existing legal norms are challenged. The book takes each topic in turn, explains relevant provisions of contemporary law and analyses exactly where the legal problem lies. The analysis then develops the theme, examining for example the implications of current rules as to deception operations for certain applications of cyber warfare. The text is written in an accessible style, and demonstrates the continuing relevance of established rules and the importance of compliance with them. Useful for academics, military, governments, ministries of defence, ministries of foreign affairs, libraries, diplomats, think tanks, policy units, NGOs, and all others with an interest in law of armed conflict issues such as journalists and students.

Journal of Law & Cyber Warfare: The New Frontier of Warfare

Author: Daniel Garrie,Michael Gervais,Michael Preciado,Jesse Noa,Mils Hills


ISBN: 1304654966

Category: Law

Page: 212

View: 6209


FOREWORD Cyber Warfare, What are the Rules? By Daniel B. Garrie ARTICLES Cyber Attacks and the Laws of War By Michael Gervais If You Wish Cyber Peace, Prepare for Cyber War: The Need for the Federal Government to Protect Critical Infrastructure From Cyber Warfare. By Michael Preciado They Did it For the Lulz: Future Policy Considerations in the Wake of Lulz Security and Other Hacker Groups' Attacks on Stored Private Customer Data By Jesse Noa A New Perspective on the Achievement of Psychological Effects from Cyber Warfare Payloads: The Analogy of Parasitic Manipulation of Host Behavior By Dr. Mils Hills