Cyber War: Law and Ethics for Virtual Conflicts

Paperback | April 1, 2015

EditorClaire Finkelstein, Jens David Ohlin, Kevin Govern

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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-rangingpotential 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 conventionalnotions 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 Conflictapply 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 whethertransnational 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 ofproportionality 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 analyses the specific operational realities implicated byparticular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.

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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-rangingpotential consequences. Unlike past forms of warfare...

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy at the University of Pennsylvania, and a co-Director of the University of Pennsylvania Institute of Law and Philosophy. She writes in the areas of criminal law theory, moral and political philosophy, philosophy of law, international law, and rationa...

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Kobo ebook|Mar 1 2012

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Format:PaperbackDimensions:360 pagesPublished:April 1, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198717504

ISBN - 13:9780198717508

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Table of Contents

Claire Finkelstein, Jens David Ohlin, and Kevin Govern: IntroductionPart I: Legal Foundations of Cyberwarfare1. Jonathan M. Smith and Christopher S. Yoo: Cyberwar: What, Why, How, and Who2. Larry May: The Nature of War and the Idea of Cyberwar3. James Cook: Is There Anything Morally Special about Cyberwar?4. Laurie Blank: The Legal Rhetoric of Cyber-ConflictPart II: Distinction, Necessity, and Proportionality5. Claire Finkelstein and Kevin Govern: Sovereignty and Cyberwarfare: First through Fifth Dimension Concepts of Persons and States6. Duncan Hollis: A Duty to Hack?7. Jens David Ohlin: Cyber-Causation8. Nicolo Bussolati: Hackers at War: The Role of Civilians in Cyber-WarfarePart III: Legal Regulation and Operational Responses9. Stuart MacDonald: 1. Precursor Offences, Remote Harms, and Cyber-Attacks10. Derek Jinks: Cyber Exceptionalism and the Law of War11. Sean Kanuck: Cyber Insecurity: Technology, Law, and Ethics in a Networked World12. Gen. James Cartwright: Strategic Depth in the Fifth Dimension