[Infowarrior] - Recent Air Force Law Review discusses Cyberlaw

[Richard Forno]

Recent Air Force Law Review discusses Cyberlaw

Posted 11/20/2009   Updated 11/20/2009
http://www.maxwell.af.mil/news/story.asp?id=123178704


by Carl Bergquist
Air University Public Affairs

11/20/2009 - MAXWELL AIR FORCE BASE, Ala. -- Volume 64 of the Air  
Force Law Review is now available in hardcopy and online. Published  
this year, it is sub-titled the "Cyberlaw Edition."

Largely the result of a symposium held at the Judge Advocate General  
School at Maxwell Air Force Base, the edition addresses many of the  
issues involving the cyber domain.

"About a year ago, we held a symposium here [Maxwell], and cyberlaw  
was discussed," Capt. Scott Hodges, a JAG School Professional Outreach  
Division instructor, said. "It was decided during the symposium to do  
some research and write some literature on the subject."

The captain said a "big focus" of the symposium was Russia using cyber  
warfare against the nation of Georgia before actually attacking the  
country. The Cyberlaw Edition investigates that and many other issues  
involving cyberspace, such as when does a computer attack equate to an  
act of war?

In addressing that question, Air Force Maj. Graham Todd, one of the  
Cyberlaw Edition authors, said the European Union's Convention on  
Cybercrime is an international treaty intended to create consistency  
in criminal laws related to internet activity. Specifically, the  
convention provides that parties involved will adopt laws that  
criminalize cyberspace crimes such as unlawful access, unlawful  
interception and interfering with data or systems.

"The U.S. Department of Defense defines a computer network attack as,  
'Actions taken through the use of computer networks to disrupt, deny,  
degrade or destroy information resident in computers and computer  
networks, or the computers and networks themselves," he said in Volume  
64. "Whether a cyberspace crime or a cyberspace attack, the goal is to  
affect someone else's data, or use data to affect property."

Air Force Lt. Col. Joshua Kastenberg, another author for the Cyberlaw  
Edition, brought up the ramifications of private U.S. companies  
allowing the country of Georgia to use their systems to help keep the  
country's communications links open. Would this bring those companies  
into the conflict?

He said the owner of TSHost, or Tulip Systems, an Atlanta, Ga., based  
Web hosting company, offered the use of their systems to the  
government of Georgia, and Georgian officials transferred critical  
government internet services to Tulip servers in the United States.

"In an admission, the TSHost chief executive officer stated the  
company had volunteered its servers to 'protect' the nation of  
Georgia's internet sites from malicious traffic," he said in the  
report. "TSHost further revealed that after it relocated Georgian Web  
sites to the United States, attacks traced to Moscow and St.  
Petersburg ensued against TSHost servers."

A third author, Air Force Lt. Col. Patrick Franzese, maintains that  
cyberspace is not a common domain, and countries throughout the world  
can and should regulate the domain to prevent cyberspace attacks.

"The United States can choose to take the lead in recognizing and  
establishing state sovereignty in cyberspace," he stated. "By  
establishing state sovereignty in cyberspace, the United States, as  
well as other states, will develop the framework to consider other  
cyberspace issues."

Captain Hodges said one of the purposes of the articles in Volume 64  
is to bring up issues for debate and thought, but he noted the  
articles don't always give answers to the issues addressed. He said  
copies of the report went to all law schools and all Air Force legal  
offices, and it is hoped Volume 64 will stimulate additional research  
and study on cyberlaw.

"As for us at the JAG School, we want people to be aware the Cyberlaw  
Edition is out there for their use," he said. "Volume 64 of the Law  
Review can be obtained by emailing me atscott.hodges at maxwell.af.mil,  
and can also be found on the Web atwww.afjag.af.mil/library/."