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originating from country X, law enforcement agencies in the US must first
write a note to the US State Department that in turn must deliver the request to
the embassy of the country concerned in order to receive permission to conduct
the investigation beyond US borders. Perhaps the creation of an international
cyber circuit court could shorten the process, but the eventually of this
development ever occurring is remote. On the other hand, if the requested
nation is unable or unwilling to prevent another attack, then the doctrine of selfdefense
permits the injured nation to act in self-defense inside the territory of
another nation. However, the immediate danger presented to a nation, and to
what degree the sanctuary government is likely to object, and how the world
community is likely to respond, may play decisive roles in the action taken by
the government. 554 While it may be possible for a government or key civilian
infrastructure system to specify itself as vital to national security, attacks are
also greatly influenced by the fact that this type of activity using public
communications networks as an attack means is not a violation of a nation’s
sovereignty. 555
What this means is that if nations decide not to negotiate a treaty that
addresses computer attacks, then international law will develop through a trial
and error routine based on the actions nations take as events unfold. There are
great implications for both national and international security systems under
such conditions.
Legal Challenges Presented by Information Operations
Clearly the characteristics of a computer attack complicate the
application of traditional national and international law. Laws were originally
developed in response to more traditional crimes and uses of force, such as
those conducted by criminals or terrorists in peacetime, or by troops, aircraft,
and kinetic weapons in wartime. 556 Computer attacks make it very difficult to
ascertain combatants from noncombatants, especially since most criminal or
terrorist activity occurs during peacetime. In time of war, civilians making
direct contributions to the war effort may be attacked, along with objects whose
damage or destruction would produce a significant military advantage based on
location and purpose. 557 In peacetime, criminals and terrorists may still be
attacked under certain circumstances and according to the following logic. An
information weapon is an indiscriminate weapon since its consequences are
unknown. International law bans the use of indiscriminate weapons, but this
law, written before the advent of the computer, focused on bacteriological
554 Ibid., p. 56.
555 Ibid.
556 Ibid., p. 36.
557 Ibid., p. 37.
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