On the Use of Offensive Cyber Capabilities - Belfer Center for ...

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Conversely, a cost-effective external cyber operation that has been coordinatedwith allies abroad but which is arguably unethical could erode the nation’s softpower.From this vantage point, it is evident that sound policy will balance theseconsiderations and account for all of them. Though this may be true for any DoDpolicy, it is especially true in cyberspace due to its relative infancy and itscomplex nature. Our recommendations that follow flow from theseconsiderations and reflect our viewpoints of each external cyber activity.41
Scanning:IV. Cyber Actions with Minimal EffectCyber Action Overall Severity of Implication RecommendationsScanning Establish interagency understanding thatscanning is good intelligence practice. Do not describe scanning as “attacks.” Conduct with good operational security. Establish process to share identifiedvulnerabilities when appropriate.DescriptionScanning is the act of checking or scanning for security vulnerabilities.This category explicitly excludes any conduct that involves actually gainingaccess to the computer system, which we categorize as an intrusion. Instead thiscategory is best exemplified by actions such as port scans and route tracing.In many policy discussions, scanning is often reported as a “cyberattack”, 64 when in reality it is much more akin to observed suspicious activity.This imprecise description is resulting in substantial exaggeration of the presentcyber threat. Scanning is often conducted by security researchers in anautomated fashion to test for how widespread known security vulnerabilitiesare, but also by malicious users who are seeking to gain access to systems. Simplescanning and determined attempts at accessing a computer system may beindistinguishable. This category is the most benign form of external cyber actionwhich we analyze.64 (See, Collins, supra note 26)42
Page 1 and 2: On the Use of OffensiveCyber Capabi
Page 3 and 4: Table of ContentsAcknowledgements .
Page 5 and 6: Executive SummaryThe defining chara
Page 7 and 8: FrameworkAssessing the implications
Page 9 and 10: I. IntroductionThough conflict inev
Page 11 and 12: Unfortunately, we believe that ther
Page 13 and 14: To the maximum extent possible we u
Page 15 and 16: these cyberspace operations “comp
Page 17 and 18: Principles Driving the Ontological
Page 19 and 20: Cyber activity can have both logica
Page 21 and 22: cyberspace and complicates sound na
Page 23 and 24: cyber action, but we do find them t
Page 25 and 26: Cyber Pre-emption: External cyber o
Page 27 and 28: threatening external action or enta
Page 29 and 30: Figure 5: Framework for Cyber Polic
Page 31 and 32: effects of external cyber operation
Page 33 and 34: International LawInternational cons
Page 35 and 36: There is also an interaction betwee
Page 37 and 38: TemporalCommanders desire the abili
Page 39 and 40: InternationalMultilateral action is
Page 41: Potential changes to the “laws of
Page 45 and 46: The 4 th Amendment protects against
Page 47 and 48: operational intelligence collection
Page 49 and 50: security vulnerabilities are identi
Page 51 and 52: 1) Establish an interagency underst
Page 53 and 54: individual’s agency must be justi
Page 55 and 56: Finally section (f) exempts only la
Page 57 and 58: argue it is not intended to limits
Page 59 and 60: intrusion methods are required to e
Page 61 and 62: SystemicDespite the first order eff
Page 63 and 64: is possible. The capabilities used
Page 65 and 66: d. Section (f) should be expanded t
Page 67 and 68: indicates a will to keep the inform
Page 69 and 70: protections for privacy. However, t
Page 71 and 72: information on U.S. persons collect
Page 73 and 74: Example ScenarioThe following scena
Page 75 and 76: the awkward position: if it is unkn
Page 77 and 78: less severe than attack are largely
Page 79 and 80: treaties. This second set of duties
Page 81 and 82: persons. Beyond the limitations pla
Page 83 and 84: instead of force, when cyber attack
Page 85 and 86: collection effort to generate all t
Page 87 and 88: and incentivize technology companie
Page 89 and 90: operational capabilities for employ
Page 91 and 92: 2) To ensure the operational capabi
Page 93 and 94:
and are entirely permissible ethica
Page 95 and 96:
equires an external component. The
Page 97 and 98:
any one branch’s overreach. (We h
Page 99 and 100:
particularly from limiting espionag
Page 101 and 102:
more destructive/disruptive. Though
Page 103 and 104:
to reach an interagency understandi
Page 105 and 106:
counterattacks to serve as a deterr
Page 107 and 108:
however, may require a significant
Page 109 and 110:
There is a possibility of a backlas
Page 111 and 112:
2) The foreign external cyber opera
Page 113 and 114:
For the purpose of this work, a pre
Page 115 and 116:
Although the ethical considerations
Page 117 and 118:
ight to “life, liberty and securi
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would be hard to overstate. 131 Thi
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ConsequentialDomesticAs mentioned i
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extent to which the executive branc
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public as new U.S. military technol
Page 127 and 128:
IC believes that the HVT is using 3
Page 129 and 130:
Policy Recommendations1) Use of cyb
Page 131 and 132:
identified by our ontology, spannin
Page 133 and 134:
Appendix 1: Summary of Recommendati
Page 135 and 136:
c. Amended (a)(2) (a), (b), and (c)
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gained) and necessity (only the min
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2) If overt, cyber force should be
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Cyber Intrusion: Unauthorized acces
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BibliographyAllison, G. T., & Black
Page 145 and 146:
Etzioni, A. (2011). Cybersecurity i
Page 147 and 148:
Jacobellis v. Ohio, 11 (United Stat
Page 149 and 150:
Nye, Jr., J. S. (2004). Soft Power.
Page 151 and 152:
United Nations. (1948, December 10)
Page 153:
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