United States Counter Terrorism Cyber Law and Policy, Enabling or Disabling.

摘要

Ten years after the tragedy of 9/11, al-Qaida and other international terrorist organizations continue to threaten the United States and its allies through their ever-expanding cyber capabilities. It is clear that numerous national-level civilian and military leaders have duly recognized these menacing terrorist threats, and many officials have lamented the lack of authority provided them to effectively counter terrorists from within cyberspace. The incongruence between national counterterrorism (CT) cyber policy, law, and strategy degrades the abilities of federal CT professionals to interdict transnational terrorists from within cyberspace. Specifically, national CT cyber policies that are not completely sourced in domestic or international law unnecessarily limit the latitude cyber CT professionals need to effectively counter terrorists through the use of organic cyber capabilities. To optimize national CT assets and to stymie the growing threat posed by terrorists' ever-expanding use of cyberspace, national decision-makers should modify current policies to efficiently execute national CT strategies, albeit within the framework of existing CT cyber-related statutes.