Cyberwar, Law and policy

Cyberwar, Law and Policy

Cyberwar, Law, and Policy

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Cyberwar, Law, and Policy

Cybersecurity Proposal: The need to incorporate the history of warfare and the modern weapons of warfare that countries use on the battlefield for effective war on the cyber world.

This paper will propose the need to incorporate the history of warfare and the modern weapons of warfare that countries use on the battlefield and establish the significance of this practice in promoting the war on the cyber world. This paper includes the existing legal framework of armed conflict and its applicability to cyber warfare. Further, this paper covers proposed idea based on the components of a framework suitable for governing cyber warfare. Also included in this paper is the role of cyber espionage in shaping international law.

Research Question

This paper seeks to answer how the use of history of warfare and the modern weapons of warfare that developed countries such as the United States, Russia, China, and Turkey use on the battlefield can effectively combat cyber-attacks on computing systems. Moreover, this paper will determine the effectiveness of this approach in ensuring that war on cyber is adequate and the international laws governing war on cyber are correctly implemented in these countries. Reframe this paragraph in the form of a question.

Statement of the problem

Wilson (2018) argues that with the rapid advancement in communication technology over the past five decades, there has been an increase in cyber-attacks in highly developed countries such as the U.S, Russia, and China. According to Brown and Poellet (2012), advancement in communication has led to increased cases of cyber-related attacks on the hardware and software of the countries' computer systems. Hare (2019) established that attacks originate from private actors working for their goals while others result from attacks committed by countries seeking to exploit shortcomings in their computer technology systems. The increasing cyber-attack cases have prompted the international community to adopt a framework to govern the rules that countries must comply with within their new warfare arena. Pătrașcu (2018) found that in developed countries, computers that are used to guide military weapons and to protect valuable information are the ones that are today at greater risk of attack. Glen (2014) also established that technology used in attack cyberweapons had evolved more rapidly than the legal framework governing armed conflict.

Tripathi (2015) showed that the conventional legal frameworks that only focus on the modern weapons of warfare are used in many countries with little knowledge of how technology and cyber crime have evolved in these countries. According to Phillips (2013), knowing the history of warfare and the trends in cyber-attacks adds knowledge to the existing ideas on how best cyber-attacks can be combated. It also helps to include international laws governing the war on cyberattacks and the emerging trends that cyber actors are using to penetrate computer systems.

Moreover, Pool (2013) and Rabkin and Rabkin (2013) established that practice which targets the use of information based on the strategies that have been applied in combating cybercrime since time immemorial helps to identify the role of various agencies such as the Homeland Security agency which is currently the leading organization for combating cybercrimes in the United States (Tripathi, 2015). It also helps to identify the weaknesses of these agencies and the areas that should be improved when developing new international laws and strategies governing war in crime.

References

Brown, G., & Poellet, K. (2012). The customary international law of cyberspace. Strategic Studies Quarterly, 6(3), 126-145.

Dinu, M. S. (2017). Cyber domain: Strategies, Policies, Doctrines and Legal Perspectives. In International Scientific Conference" Strategies XXI" (Vol. 3, p. 139). " Carol I" National Defence University.

Glen, C. M. (2014). Internet governance: territorializing cyberspace?. Politics & Policy, 42(5), 635-657.

Hare, F. B. (2019). Privateering in Cyberspace: Should Patriotic Hacking Be Promoted as National Policy?. Asian Security, 15(2), 93-102.

Pătrașcu, P. (2018). The appearance and development of national cyber security strategies. In Conference proceedings of» eLearning and Software for Education «(eLSE) (Vol. 4, No. 14, pp. 53-59)." Carol I" National Defence University Publishing House.

Phillips, K. G. (2013). Unpacking Cyberwar: The Sufficiency of the Law of Armed Conflict in the Cyber Domain. NATIONAL DEFENSE UNIV FORT MCNAIR DC.

Pool, P. (2013). War of the cyber world: The law of cyber warfare. Int'l Law., 47, 299.

Rabkin, J., & Rabkin, A. (2013). Navigating Conflicts in Cyberspace: Legal Lessons from the History of War at Sea. Chi. J. Int'l L., 14, 197.

Tripathi, S. (2015). Cyber: Also a domain of war and terror. Strategic Analysis, 39(1), 1-8.

Wilson, R., (2018). The Sun Tzu and the Art of cybercrime. Retrieved from SunTzuandtheArtofCyberwar%20(1).pdf

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