Dr. Berg P. Hyacinthe (PhD, Florida State University; LLD Candidate, Assas School of Law, CERSA-CNRS, La Sorbonne) is internationally recognized as an eminent and multidisciplinary scientific investigator. A U.S. patent holder featured in Harvard’s Smithsonian/NASA Astrophysics Data System, Dr. Hyacinthe recently served as Assistant Professor and Scientific Advisor to Taibah University’s Strategic Science & Advanced Technology Unit. Dr. Hyacinthe held several positions at County and State levels of the U.S Government in the Information Technology arena. He has been featured in conferences held at the U.S. Naval Postgraduate School, Monterey (author); Defence Academy of the United Kingdom, Shrivenham (invited session Chair); and National Defence College, Helsinki (session Chair). In CYBER WARRIORS AT WAR, he draws on the triangular relationship between technology, law, and Information Age warfare to propose solutions against potential charges of having committed Information Operations (IO) war crimes and/or IO crimes against humanity. According to Dr. Hyacinthe, the success of pre-emptive strikes and decisive military operations depends profoundly upon both reliable human intelligence and the versatile skills of 21st century “cyber warriors” whose IO activities are conducted through modern warfare’s pentagonal synchrony – land, sea, air, cyberspace, and outer space. Unfortunately, these operations are commonly effectuated under a legal reasoning that is ambiguous in important ways: a threat to the national security of the United States of America and to the entire international community. Hence, as this Essay argues, the evolution of modern computer systems as weapons of war compels wary jurists to turn to the laws that should govern development and use of lethal information technologies. Further, this Essay examines how certain military operations within Information Warfare (IW) require new legal framework, and recounts specific events involving various types of IW conduct and cyber attack: an interesting exposé to jurists, military personnel, policymakers, and the growing and diverse body of information professionals around the world.
Cyber terrorism is an emerging new mode of information warfare underscoring the perpetrators’ deliberate exploitation of civilian and military systems’ inherent vulnerabilities, thereby affecting national and global security. This volume includes contributions made by academics, policymakers, and professionals at seminars and conferences co-sponsored by the International Center for Terrorism Studies (Potomac Institute for Policy Studies), and the Terrorism Studies Center (The George Washington University), during the past several years. It also includes statements by key government officials and industry experts at different forums in the United States dealing with both threats and responses.
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The rise of sophisticated cyber threats means that the task of managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors. Cybersecurity: A Practical Guide to the Law of Cyber Risk provides the practical steps that can be taken to help your clients understand and mitigate today’s cyber risk and to build the most resilient response capabilities possible.
Cybersecurity: A Practical Guide to the Law of Cyber Risk provides a comprehensive discussion of the complex quilt of federal and state statutes, Executive Orders, regulations, contractual norms, and ambiguous tort duties that can apply to this crucial new area of the law. For example, it describes in detail:The leading regulatory role the Federal Trade Commission has played, acting on its authority to regulate unfair or deceptive trade practices;The guidance issued by the SEC interpreting existing disclosure rules to require registrants to disclose cybersecurity risks under certain circumstances;The varying roles of other regulators in sector-specific regulation, such as healthcare, energy, and transportation; andThe impact of preexisting statutes, such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, on current cybersecurity issues. Continue reading “Cybersecurity: A Practical Guide to the Law of Cyber Risk: 1”
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The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments.
The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.
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The Legal Guide to Botnet Research serves as a central resource and tool to advance understanding of legal and policy issues associated with cybersecurity research on botnets. This valuable resource will help determine whether proposed cybersecurity research projects could violate laws or organizational policies. Included in the guide is the Botnet Research Legal Template, which helps clarify which laws are relevant to a particular project and simplifies the analysis required. Additionally, it highlights potential ethical issues and how researchers have been approaching them.