Comment Op-Ed and Rules of Engagement - retaliation... (Score 1) 136
From the op-ed piece...
When the laws of war don't apply -- even by analogy -- an overwhelmingly complex set of other international and foreign laws kicks in. For example, assume the hackers in the Estonia case were indeed operating from Russia but had no ties to the government or military. Under existing rules, Estonia should respond by asking Russia to police its own territory. To counter-attack would violate Russia's sovereignty. With new rules, however, nations could agree to waive sovereignty concerns and permit a direct response in certain cases, such as cyberattacks by terrorists that all nations might want thwarted.
Article I, Section 8 of the US Constitution gives Congress these powers among others...
*To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
*To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
I'm not sure the last time a Letter of Marque or Reprisal was issued... It seems that they could apply here though. I am certainly curious for the opinions of any more knowledgeable on the subject.
When the laws of war don't apply -- even by analogy -- an overwhelmingly complex set of other international and foreign laws kicks in. For example, assume the hackers in the Estonia case were indeed operating from Russia but had no ties to the government or military. Under existing rules, Estonia should respond by asking Russia to police its own territory. To counter-attack would violate Russia's sovereignty. With new rules, however, nations could agree to waive sovereignty concerns and permit a direct response in certain cases, such as cyberattacks by terrorists that all nations might want thwarted.
Article I, Section 8 of the US Constitution gives Congress these powers among others...
*To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
*To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
I'm not sure the last time a Letter of Marque or Reprisal was issued... It seems that they could apply here though. I am certainly curious for the opinions of any more knowledgeable on the subject.
