The United States is increasingly dependent on information and information technology for both civilian and military purposes, as are many other nations. Although there is a substantial literature on the potential impact of a cyberattack on the societal infrastructure of the United States, little has been written about the use of cyberattack as an instrument of U.S. policy. Cyberattacks-actions intended to damage adversary computer systems or networks-can be used for a variety of military purposes. But they also have application to certain missions of the intelligence community, such as covert action. They may be useful for certain domestic law enforcement purposes, and some analysts believe that they might be useful for certain private sector entities who are themselves under cyberattack. This report considers all of these applications from an integrated perspective that ties together technology, policy, legal, and ethical issues. Focusing on the use of cyberattack as an instrument of U.S. national policy, Technology, Policy, Law and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities explores important characteristics of cyberattack. It describes the current international and domestic legal structure as it might apply to cyberattack, and considers analogies to other domains of conflict to develop relevant insights. Of special interest to the military, intelligence, law enforcement, and homeland security communities, this report is also an essential point of departure for nongovernmental researchers interested in this rarely discussed topic.

We depend on information and information technology (IT) to make many of our day-to-day tasks easier and more convenient. Computers play key roles in transportation, health care, banking, and energy. Businesses use IT for payroll and accounting, inventory and sales, and research and development. Modern military forces use weapons that are increasingly coordinated through computer-based networks. Cybersecurity is vital to protecting all of these functions. Cyberspace is vulnerable to a broad spectrum of hackers, criminals, terrorists, and state actors. Working in cyberspace, these malevolent actors can steal money, intellectual property, or classified information; impersonate law-abiding parties for their own purposes; damage important data; or deny the availability of normally accessible services. Cybersecurity issues arise because of three factors taken together - the presence of malevolent actors in cyberspace, societal reliance on IT for many important functions, and the presence of vulnerabilities in IT systems. What steps can policy makers take to protect our government, businesses, and the public from those would take advantage of system vulnerabilities? At the Nexus of Cybersecurity and Public Policy offers a wealth of information on practical measures, technical and nontechnical challenges, and potential policy responses. According to this report, cybersecurity is a never-ending battle; threats will evolve as adversaries adopt new tools and techniques to compromise security. Cybersecurity is therefore an ongoing process that needs to evolve as new threats are identified. At the Nexus of Cybersecurity and Public Policy is a call for action to make cybersecurity a public safety priority. For a number of years, the cybersecurity issue has received increasing public attention; however, most policy focus has been on the short-term costs of improving systems. In its explanation of the fundamentals of cybersecurity and the discussion of potential policy responses, this book will be a resource for policy makers, cybersecurity and IT professionals, and anyone who wants to understand threats to cyberspace.

In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.

This book offers a critical analysis of cybersecurity from a legal-international point of view. Assessing the need to regulate cyberspace has triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity. Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.

Philosophical and ethical discussions of warfare are often tied to emerging technologies and techniques. Today we are presented with what many believe is a radical shift in the nature of war-the realization of conflict in the cyber-realm, the so-called "fifth domain" of warfare. Does an aggressive act in the cyber-realm constitute an act of war? If so, what rules should govern such warfare? Are the standard theories of just war capable of analyzing and assessing this mode of conflict? These changing circumstances present us with a series of questions demanding serious attention. Is there such a thing as cyberwarfare? How do the existing rules of engagement and theories from the just war tradition apply to cyberwarfare? How should we assess a cyber-attack conducted by a state agency against private enterprise and vice versa? Furthermore, how should actors behave in the cyber-realm? Are there ethical norms that can be applied to the cyber-realm? Are the classic just war constraints of non-combatant immunity and proportionality possible in this realm? Especially given the idea that events that are constrained within the cyber-realm do not directly physically harm anyone, what do traditional ethics of war conventions say about this new space? These questions strike at the very center of contemporary intellectual discussion over the ethics of war. In twelve original essays, plus a foreword from John Arquilla and an introduction, Binary Bullets: The Ethics of Cyberwarfare, engages these questions head on with contributions from the top scholars working in this field today.

Examining the thematic intersection of law, technology and violence, this book explores cyber attacks against states and current international law on the use of force. The theory of information ethics is used to critique the law’s conception of violence and to develop an informational approach as an alternative way to think about cyber attacks. Cyber attacks against states constitute a new form of violence in the information age, and international law on the use of force is limited in its capacity to regulate them. This book draws on Luciano Floridi’s theory of information ethics to critique the narrow conception of violence embodied in the law and to develop an alternative way to think about cyber attacks, violence, and the state. The author uses three case studies – the 2007 cyber attacks against Estonia, the Stuxnet incident involving Iran that was discovered in 2010, and the cyber attacks used as part of the Russian interference in the 2016 US presidential election – to demonstrate that an informational approach offers a means to reimagine the state as an entity and cyber attacks as a form of violence against it. This interdisciplinary approach will appeal to an international audience of scholars in international law, international relations, security studies, cyber security, and anyone interested in the issues surrounding emerging technologies.