261. Distinguishing Acts of War in Cyberspace: Assessment Criteria, Policy Considerations, and Response Implications
- Author:
- Jeffery L. Caton
- Publication Date:
- 10-2014
- Content Type:
- Working Paper
- Institution:
- The Strategic Studies Institute of the U.S. Army War College
- Abstract:
- The monograph is comprised of four main sections: Characterization. This section provides the notional foundation necessary to avoid any devolution of the analysis to mere semantic arguments. It presents how cyberspace is defined and characterized for this discussion, as well as how this compares to existing concepts of the traditional domains of land, sea, air, and space. Also, it identifies some of the unique technical challenges that the cyberspace domain may introduce into the process of distinguishing acts of war. Assessment Criteria. This section explores the de jure and the de facto issues involved with assaying cyber incidents to determine if they represent aggression and possible use of force; and, if so, to what degree? It reviews the traditional legal frameworks surrounding military action to include the United Nations (UN) Charter and the Law of Armed Conflict. It also examines how these compare to the recently published Tallinn Manual on the International Law Applicable to Cyber Warfare. From these sources, it proposes a cyberspace incident assessment methodology. Policy Considerations. Having identified viable criteria to aid with the assessment of cyber-space incidents, this section looks at the policy considerations associated with applying such principles. First, it examines the relevant U.S. strategies; next, it investigates the strategies of other key countries and international organizations and how they compare to U.S. tenets; and finally, it evaluates how nonstate actors may affect U.S. deliberations. Courses of Action. This section examines the influences that course of action development and implementation may have on the assessment of cyberspace incidents. It first looks at the President's role as the primary decisionmaker in U.S. national matters regarding cyber-space. It then surveys key influences affecting subordinate decisionmakers and their staffs that may be advising the Commander-in-Chief: reliable situational awareness, global and domestic environment considerations, and options and their related risks and potential consequences.
- Topic:
- Security, Defense Policy, Intelligence, Science and Technology, and War
- Political Geography:
- United States and United Nations