Information Security News: Recent Air Force Law Review discusses Cyberlaw

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http://www.maxwell.af.mil/news/story.asp?id=123178704

By Carl Bergquist
Air University Public Affairs
11/20/2009 

MAXWELL AIR FORCE BASE, Ala. -- Volume 64 of the Air Force Law Review is 
now available in hardcopy and online. Published this year, it is 
sub-titled the "Cyberlaw Edition."

Largely the result of a symposium held at the Judge Advocate General 
School at Maxwell Air Force Base, the edition addresses many of the 
issues involving the cyber domain.

"About a year ago, we held a symposium here [Maxwell], and cyberlaw was 
discussed," Capt. Scott Hodges, a JAG School Professional Outreach 
Division instructor, said. "It was decided during the symposium to do 
some research and write some literature on the subject."

The captain said a "big focus" of the symposium was Russia using cyber 
warfare against the nation of Georgia before actually attacking the 
country. The Cyberlaw Edition investigates that and many other issues 
involving cyberspace, such as when does a computer attack equate to an 
act of war?

In addressing that question, Air Force Maj. Graham Todd, one of the 
Cyberlaw Edition authors, said the European Union's Convention on 
Cybercrime is an international treaty intended to create consistency in 
criminal laws related to internet activity. Specifically, the convention 
provides that parties involved will adopt laws that criminalize 
cyberspace crimes such as unlawful access, unlawful interception and 
interfering with data or systems.

"The U.S. Department of Defense defines a computer network attack as, 
'Actions taken through the use of computer networks to disrupt, deny, 
degrade or destroy information resident in computers and computer 
networks, or the computers and networks themselves," he said in Volume 
64. "Whether a cyberspace crime or a cyberspace attack, the goal is to 
affect someone else's data, or use data to affect property."

Air Force Lt. Col. Joshua Kastenberg, another author for the Cyberlaw 
Edition, brought up the ramifications of private U.S. companies allowing 
the country of Georgia to use their systems to help keep the country's 
communications links open. Would this bring those companies into the 
conflict?

He said the owner of TSHost, or Tulip Systems, an Atlanta, Ga., based 
Web hosting company, offered the use of their systems to the government 
of Georgia, and Georgian officials transferred critical government 
internet services to Tulip servers in the United States.

"In an admission, the TSHost chief executive officer stated the company 
had volunteered its servers to 'protect' the nation of Georgia's 
internet sites from malicious traffic," he said in the report. "TSHost 
further revealed that after it relocated Georgian Web sites to the 
United States, attacks traced to Moscow and St. Petersburg ensued 
against TSHost servers."

A third author, Air Force Lt. Col. Patrick Franzese, maintains that 
cyberspace is not a common domain, and countries throughout the world 
can and should regulate the domain to prevent cyberspace attacks.

"The United States can choose to take the lead in recognizing and 
establishing state sovereignty in cyberspace," he stated. "By 
establishing state sovereignty in cyberspace, the United States, as well 
as other states, will develop the framework to consider other cyberspace 
issues."

Captain Hodges said one of the purposes of the articles in Volume 64 is 
to bring up issues for debate and thought, but he noted the articles 
don't always give answers to the issues addressed. He said copies of the 
report went to all law schools and all Air Force legal offices, and it 
is hoped Volume 64 will stimulate additional research and study on 
cyberlaw.

"As for us at the JAG School, we want people to be aware the Cyberlaw 
Edition is out there for their use," he said. "Volume 64 of the Law 
Review can be obtained by emailing me at scott.hodges () maxwell af mil, 
and can also be found on the Web at http://www.afjag.af.mil/library/ "


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