Reprinted with permission from FindLaw.com
Is it possible that a Cyber attack against the United States emanating from another country be considered a potential act of war? Yes, according to the Pentagon, The Wall Street Journal reports.
This means that the United States might be enabled to mobilize military force in response to certain Cyber attacks.
This reportedly is part of the Pentagon's first formal Cyber strategy. Unclassified parts of that strategy apparently are to be made public in a month.
Of course, the devil will be in the details. For example, what types and levels of attacks will be sufficient to be deemed acts of war? Plus, it may be difficult to conclude with relative certainty the source of a given Cyber attack - meaning that it may be difficult to wage war against an enemy that is not clearly defined.
Perhaps one of the main points behind the Pentagon's Cyber strategy is to send a message to would-be attackers that the upshot of a Cyber attack against the United States could be a true military response. The hope might be that this message may act as a deterrent to those contemplating such Cyber attacks.
Surely, the United States does need to consider how to grapple with Cyber threats, as our country's infrastructure has become ever more reliant upon the Internet. Technological security measures should be further developed and implemented.
So while time will tell whether the prospect of military action will deter Cyber attacks and whether military force actually will be brought to bear as a result of successful Cyber attacks.
Eric Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual property disputes.
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