Abstract
This chapter discusses implications of cyber war with regard to critical infrastructure, primarily arrangements that relate to industrial control systems and processes that operate power, water, communications, manufacturing, and many other essential functions. The chapter explores the potential for disruption, espionage, and sabotage by rogue individuals, states, or sub-state adversaries. It discusses methods to help safeguard against these attacks as well as looking at the technical obstacles that arise because of the integrated nature of government and private-sector networks. The chapter contemplates the laws of armed conflict and the issue of whether a cyber-attack against the United States is of such magnitude to be considered an armed attack, so as to trigger the lawful exercise of the right of self-defence. The intention is to show that cyber-warfare is all-encompassing and cannot easily be categorized into nation-state, military, or civilian categories. The question of whether such attacks constitute the use of force and the lack of clarity around issues of attribution and detection suggests that traditional legal principles governing war need to be reassessed in the new era of cyber-warfare.
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- 1.
The Internet was created in the late-1960s from a project started by the Defense Advanced Research Projects Agency (DARPA), as part of the American military infrastructure, which was part of a larger experiment to connect computers across the United States. The founding engineers created a network built of many nodes, each connected to other nodes, so that it would be possible to use various routes without any degradation in the quality of the transmission. From this modest beginning, the Internet has grown into an enormous global network, with most of the supporting infrastructure in the hands of private commercial entities.
- 2.
United Nations, Charter of the United Nations, 24 October 1945 [hereinafter “the Charter”].
- 3.
United Nations, Charter of the United Nations, 24 October 1945, art. 42.
- 4.
United Nations, Charter of the United Nations, 24 October 1945, art. 51.
- 5.
US Patriot Act, Pub. L. No. 107–56, 115 Stat. 272 (2001). Note that the following sectors have been identified as critical infrastructure: agriculture, food, water, public health, emergency services, defense industrial base, government, information and telecommunications, energy, transportation, banking and finance, chemical industry and hazardous materials, and postal and shipping.
References
Blank LR (2013) International law and cyber threats from non-state actors. Int Law Stud 89:406
Buchan R (2012) Cyber attacks: unlawful uses of force or prohibited interventions? J Confl Secur Law 17, 211
Byers E (n.d.) The industrial cybersecurity problem. International Society of Automation, https://www.isa.org/pdfs/the-industrial-cybersecurity-problem/
Carr J (2010) Cyber warfare: mapping the cyber underworld, 1st edn
Dinstein Y (2013) Cyber war and international law: concluding remarks at the 2012 Naval War College international law conference. Int Law Stud 89:276
Etzioni A (2014) The private sector – a reluctant partner in cybersecurity. Georgetown J Int Aff 15:69
Hahn RW, Laney-Ferrer A (2006) The law and economics of software security. Harv J Law Public Policy 30:282
Harris S (2014) @ War – the rise of the military internet complex. First Mariner Books, New York
Harris S (2015) @ War – the rise of the military internet complex. Houghton Mifflin Harcourt, New York
Hughes R (2010) A treaty for cyberspace. Int Aff 86:523
Ignatieff M (2000) Virtual war. Picador USA, New York
Joy B (2000) Why the future doesn’t need us. Wired, April 1
Kelson R, Paganini P, Gittins B, Pace D (2012) The cyber war era began long ago,” The Malta Independent Online, June 25
Kutner M (2016) Alleged dam hacking raises fears of cyber threats to infrastructure. March 30
Lee A (2011) CIA chief Leon Panetta: cyberattack could be ‘Next Pearl Harbor’. Huffington Post, June 14. http://www.huffingtonpost.com.au/entry/panetta-cyberattack-next-pearl-harbor_n_875889
Lessig L (2004) Insanely destructive devices. Wired, April 1
Lipovsky R, Cherepanov A (2016) BlackEnergy Trojan strikes again: attacks Ukrainian electric power industry,” Welivesecurity, January 4
Newman LH (2016) Trump calls for ‘Crippling’ cyberwar attack capabilities. Wired, October 3. https://www.wired.com/2016/10/trump-calls-crippling-cyberwar-attack-capabilities/
O’Connell ME (2012) Cyber security without cyber war. J Confl Secur Law 17(2):187
Padmanabhan VM (2013) Cyber warriors and the jus in bello. Int Law Stud 89:288
Pauli D (2016) Shamoon malware returns to again wipe Saudi-owned computers. The Register, December 2. https://www.theregister.co.uk/2016/12/02/accused_iranian_disk_wiper_returns_to_destroy_saudi_orgs_agencies/
Pool P (2013) War of the cyber world: the law of cyber warfare. Int Lawyer 47:299
Preciado M (2012) If you wish cyber peace, prepare for cyber war: the need for the federal government to protect critical infrastructure from cyber warfare. J Law Cyber Warfare 1:99
Schneier B (2000) Secrets and lies: digital security in a networked world. Wiley Computer Publishing, New York
Swoyer A (2016) Donald Trump cyber security: this is the warfare of the future. Breitbart, October 3. http://www.breitbart.com/big-government/2016/10/03/trump-touts-cyber-security-virginia-warfare-future/
Symantec (2011) W32.Duqu. November 23. http://www.symantec.com/content/en/us/enterprise/media/security_response/whitepapers/w32_duqu_the_precursor_to_the_next_Stuxnet.pdf
Symantec (2012) Flamer: highly sophisticated and discreet threat targets the Middle East,” May 28. https://www.symantec.com/connect/blogs/flamer-highly-sophisticated-and-discreet-threat-targets-middle-east
Symantec (2016a) Internet security threat report. vol.21, April
Symantec (2016b) Shamoon: back from the dead and destructive as ever. November 30. https://www.symantec.com/connect/blogs/shamoon-back-dead-and-destructive-ever
Townsend K (2016) Shamoon wiper attacks return to the Gulf. SecurityWeek, December 1. http://www.securityweek.com/shamoon-wiper-attacks-return-gulf
Turns D (2012) Cyber warfare and the notion of direct participation in hostilities. J Confl Secur Law 17:279–297
Walker P (2013) Organizing for cyberspace operations: selected issues. Int Law Stud 89:341
Whigham N (2016) Alex Gibney film gives chilling insight into the world of state sponsored cyber warfare unleashed by Stuxnet. July 11, http://news.com.au
Wittes B, Blum G (2015) The future of violence. Basic Books, New York
Weiss J (2017) Industrial control systems: the holy grail of cyberwar. The Christian Science Monitor, March 24
Zetter K (2014) An unprecedented look at Stuxnet: the World’s first digital weapon. Wired, November 3. https://www.wired.com/2014/11/countdown-to-zero-day-Stuxnet/
Zetter K (2016) Inside the cunning, unprecedented attack of Ukraine’s power grid, Wired, March 3. https://www.wired.com/2016/03/inside-cunning-unprecedented-hack-ukraines-power-grid/
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Smyth, S.M. (2018). Warfare of the Future. In: Prunckun, H. (eds) Cyber Weaponry. Advanced Sciences and Technologies for Security Applications. Springer, Cham. https://doi.org/10.1007/978-3-319-74107-9_13
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