The Right of Self-Defense Includes “Offensive” Cyber Attacks
That very trendy and useful legal concept – the right of self-defense — is not just for targeting U.S. citizens to be killed. The U.S. military’s new “Cyber Command” chief has asserted that the U.S. government’s right of self-defense almost certainly permits it to take offensive “cyber” attacks.
… commanders have clear rights to self-defense, he said. He added that while “this right has not been specifically established by legal precedent to apply to attacks in cyberspace, it is reasonable to assume that returning fire in cyberspace, as long as it complied with law of war principles … would be lawful.”
Is the law of war the right paradigm? I suppose so. I await further thoughts from our “resident” cyberwar expert. Prof Hollis?