Computer Network Attack and the Laws of Armed Conflict: Searching for Moral Beacons in Twenty-First-Century Cyberwarfare

摘要

Computer network attack ushered in change for the profession of arms. Militaries achieve effects using computers, previously attained only through physical destruction. Computer network attack's problem is it operates outside the observable domain the laws of armed conflict describe, yet its effects are what the laws address. Thus, the primary research question is: Does a legal framework of analysis exist for computer network attack. The secondary question became: If a framework exists, is it applied consistently throughout the Department of Defense. A search of literature and interviews with information operators and their associated lawyers revealed a framework by Thomas Wingfield. The framework analyzes the level of force but does not address the four basic principles for warfare; military necessity, humanity, proportionality, and discrimination. Also, the framework is not applied throughout the Department of Defense. The Joint Task Force Computer Network Operations' creation is the first step in building a hierarchical structure for consistent application of law to computer network attack. Research recommends such a structure expand Wingfield's framework for computer network attack to be a viable weapon for Twenty-First- Century Warfare.