From North Korea's recent attacks on Sony to perpetual news reports of successful hackings and criminal theft, cyber conflict has emerged as a major topic of public concern. Yet even as attacks on military, civilian, and commercial targets have escalated, there is not yet a clear set of ethical guidelines that apply to cyber warfare. Indeed, like terrorism, cyber warfare is commonly believed to be a war without rules. Given the prevalence cyber warfare, developing a practical moral code for this new form of conflict is more important than ever.In Ethics and Cyber Warfare, internationally-respected ethicist George Lucas delves into the confounding realm of cyber conflict. Comparing "state-sponsored hacktivism" to the transformative impact of "irregular warfare" in conventional armed conflict, Lucas offers a critique of legal approaches to governance, and outlines a new approach to ethics and "just war" reasoning. Lucas draws upon the political philosophies of Alasdair MacIntyre, John Rawls, and Jürgen Habermas to provide a framework for understanding these newly-emerging standards for cyber conflict, and ultimately presents a professional code of ethics for a new generation of "cyber warriors."Lucas concludes with a discussion of whether preemptive self-defense efforts - such as the massive government surveillance programs revealed by Edward Snowden - can ever be justified, addressing controversial topics such as privacy, anonymity, and public trust. Well-reasoned and timely, Ethics and Cyber Warfare is a must-read for anyone with an interest in philosophy, ethics, or cybercrime.
Table of Contents
CONTENTSPreface ixAcknowledgments xiiiIntroduction: Crime or Warfare?--11. Cyber (In)security: Threat Assessment in the Cyber Domain--16What, When, and Where?--16How?--18Why?--19Three Ways of Being a Hacktivist--21Conventional Warfare--22Unrestricted Warfare--24State- Sponsored Hacktivism as a New Form of Warfare--272. Is There a Role for Ethics or Law in Cyber Conflict?--33Irregular War and Cyberwar--33Ethics and "Folk Morality"--35Ethics and the Law--40Ethics and Just War Theory--42Strategic Plan of the Book--45Applying Moral Theories in the Cyber Domain--483. The Tallinn Manual: International Law in the Aftermath of Estonia--57International Law Applicable to Stuxnet--58International Law and State- Sponsored Hacktivism--61The Tallinn Manual--64International Law and the Estonian Cyber attacks--68"There Oughta' Be a Law!"--73Why the Tallinn Manual Failed--764. Genuine Ethics versus "Folk Morality" in Cyberspace--85The Advantages of Taking "the Moral Point of View"--86The Challenge of Folk Morality for Authentic Ethics--88The Origins of Universal Moral Norms--91Thinking Ethically about Conflict in the Cyber Domain--96Just War Theory and the Morality of Exceptions--98Jus in Bello and Professional Military Ethics--101Jus in Silico: Ethics and Just War Theory in the Cyber Domain--1025. If Aristotle Waged Cyberwar: How Norms Emerge from Practice--109Distinguishing between Laws and Norms--112The Methodology of Uncertainty: How Do Norms "Emerge?"--113Do Emergent Moral Norms Provide Effective Governance?--1196. Privacy, Anonymity, and the Rise of State- Sponsored Hacktivism--125Emergent Norms and the Rise of State- Sponsored Hacktivism--126The Cunning of History--128Permissible Preemptive Cyber Self- Defense--129Privacy, Anonymity, and the Sectors of Vulnerability--130Cyber security Measures for Individuals--131Privacy versus Anonymity--133A Limited Justification for Anonymity--135Restricting Anonymity while Preserving Privacy--137New "Rules of the Road" for Cyber Navigation--1387. NSA Management Directive #424: Anticipatory National Self- Defense--142Preventive War--143Initial Public Response--147The Dilemma of Edward Snowden--148Government Deception and Public Trust--150Defending National Boundaries And Personal Liberties--151State Norms for Respecting Sovereignty and Attaining Security--153Conclusion: Toward a Code of Ethics for Cyber Warriors--157References--167Index--175