Ethics and Cyber Warfare

The Quest for Responsible Security in the Age of Digital Warfare

George Lucas

Outlines a new code of ethics for today's "cyber warriors"
Presents the controversial new thesis that "state sponsored hacktivism" is a form of warfare
Explores the ethical and legal dimensions of cyber warfare, grounding the discussion in a broad revisionist approach to military ethics and just war theory
Offers a thorough and authoritative critique of international law and the Tallinn Manual

Ethics and Cyber Warfare

The Quest for Responsible Security in the Age of Digital Warfare

George Lucas

Description

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.

Ethics and Cyber Warfare

The Quest for Responsible Security in the Age of Digital Warfare

George Lucas

CONTENTS
Preface ix
Acknowledgments xiii
Introduction: Crime or Warfare?--1

1. Cyber (In)security: Threat Assessment in the Cyber Domain--16
What, When, and Where?--16
How?--18
Why?--19
Three Ways of Being a Hacktivist--21
Conventional Warfare--22
Unrestricted Warfare--24
State- Sponsored Hacktivism as a New Form of Warfare--27

2. Is There a Role for Ethics or Law in Cyber Conflict?--33
Irregular War and Cyberwar--33
Ethics and "Folk Morality"--35
Ethics and the Law--40
Ethics and Just War Theory--42
Strategic Plan of the Book--45
Applying Moral Theories in the Cyber Domain--48

3. The Tallinn Manual: International Law in the Aftermath of Estonia--57
International Law Applicable to Stuxnet--58
International Law and State- Sponsored Hacktivism--61
The Tallinn Manual--64
International Law and the Estonian Cyber attacks--68
"There Oughta' Be a Law!"--73
Why the Tallinn Manual Failed--76

4. Genuine Ethics versus "Folk Morality" in Cyberspace--85
The Advantages of Taking "the Moral Point of View"--86
The Challenge of Folk Morality for Authentic Ethics--88
The Origins of Universal Moral Norms--91
Thinking Ethically about Conflict in the Cyber Domain--96
Just War Theory and the Morality of Exceptions--98
Jus in Bello and Professional Military Ethics--101
Jus in Silico: Ethics and Just War Theory in the Cyber Domain--102

5. If Aristotle Waged Cyberwar: How Norms Emerge from Practice--109
Distinguishing between Laws and Norms--112
The Methodology of Uncertainty: How Do Norms "Emerge?"--113
Do Emergent Moral Norms Provide Effective Governance?--119

6. Privacy, Anonymity, and the Rise of State- Sponsored Hacktivism--125
Emergent Norms and the Rise of State- Sponsored Hacktivism--126
The Cunning of History--128
Permissible Preemptive Cyber Self- Defense--129
Privacy, Anonymity, and the Sectors of Vulnerability--130
Cyber security Measures for Individuals--131
Privacy versus Anonymity--133
A Limited Justification for Anonymity--135
Restricting Anonymity while Preserving Privacy--137
New "Rules of the Road" for Cyber Navigation--138

7. NSA Management Directive #424: Anticipatory National Self- Defense--142
Preventive War--143
Initial Public Response--147
The Dilemma of Edward Snowden--148
Government Deception and Public Trust--150
Defending National Boundaries And Personal Liberties--151
State Norms for Respecting Sovereignty and Attaining Security--153
Conclusion: Toward a Code of Ethics for Cyber Warriors--157

References--167

Index--175

Ethics and Cyber Warfare

The Quest for Responsible Security in the Age of Digital Warfare

George Lucas

Author Information

Recently retired as the Distinguished Chair in Ethics in the Vice Admiral James B. Stockdale Center for Ethical Leadership at the United States Naval Academy, and as Professor of Ethics and Public Policy at the Graduate School of Public Policy at the Naval Postgraduate School, George Lucas is currently a Visiting Distinguished Research Professor at the John J. Reilly Center for Science, Technology & Values at the University of Notre Dame. He is the author of Anthropologists in Arms (Alta Mira, 2009) and Military Ethics: What Everyone Needs to Know (Oxford University Press, 2015).

Ethics and Cyber Warfare

The Quest for Responsible Security in the Age of Digital Warfare

George Lucas

Reviews and Awards

"Accessible, lucid, and brimming with insight, members of the academic, military, and intelligence communities would do well to read it carefully." -- Ethics and International Affairs

"...a convincing case for relying on incrementalism and experience. Essential." -- Choice

"There is no more 21st century issue, in both its technology and complexity, than cybersecurity. And yet the conversation around it is too often simplistic and stuck in the past. In this new book, George Lucas helps turn the tide. He lays out the critical new legal and ethical issues, in war, in peace, and in that fuzzy space in between, providing much needed depth and nuance. A valuable resource for those interested in the crucial new areas where technology, war, and ethics cross." -- Peter W. Singer, Strategist at New America and author of Cybersecurity and Cyberwar: What Everyone Needs to Know and Ghost Fleet

"This highly engaging book raises new and important issues relating to cyber warfare ethics that deserve our thoughtful attention." -- Dorothy E. Denning, Distinguished Professor at the Naval Postgraduate School and author of Information Warfare and Security

"In this remarkably clear, succinct, and engaging narrative, George Lucas illuminates the bewildering terrain in which cyberwars are already being waged... With a deep appreciation for the history and foundations of military ethics, George Lucas is uniquely positioned to address controversies surrounding the various approaches to manage the dangers cyber warfare poses to humanity. In his extremely able hands, ethics does not function as rationalizations for actions after the fact, but rather serves as the application of a 'sound strategy' toward combating the cyber insecurity that haunts those charged to safeguard the public." -- Wendell Wallach, Interdisciplinary Center for Bioethics, Yale University, author of A Dangerous Master: How to Keep Technology from Slipping Beyond Our Control

"Lucas proposes a foundation on which future ethics can be developed. Citing a variety of well-known authorities, he makes a convincing case for relying on incrementalism and experience...Summing Up: Essential. All readership levels." --CHOICE