CYB 220 Rules of Warfare

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School

Grand Canyon University *

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Course

201

Subject

Law

Date

Jul 1, 2024

Type

docx

Pages

5

Uploaded by MasterPencil3659

Essay: Rules of Warfare Rukiyyah Y. Johnson College Name, Grand Canyon University CYB-220: Cyber Law and Privacy in a Digital Age Professor Casterline April 28, 2024 1
Essay: Rules of Warfare The controversial concept of "hacking back," or taking revenge on cyberattacks, comes with practical, ethical, and legal difficulties. While opponents warn of the dangers of escalation and legal consequences, defenders point to the program's potential as a preventive measure and a way to achieve justice. Legally speaking, hacking back presents significant difficulties. Unauthorized computer access is expressly forbidden under laws like Title 18 (Crimes) of the United States Code, which might subject those who retaliate to criminal penalties (Title 18 Crimes, n.d). Furthermore, state conduct in cyberspace is governed by international laws, which include the United Nations Charter and other conventions including The Hague and Geneva Conventions (United Nations Charter, 1945). As a result, unlawful conduct may result in international repercussions. Hacking back presents ethical questions about accountability, fairness, and accidental harm. To stop an escalation, any retribution must be equal to the original harm. But it's extremely difficult to pinpoint the exact cause of cyberattacks, which raises the possibility of targeting innocent people and resulting in collateral harm (The International Committee of Red Cross, n.d). To prevent unforeseen repercussions, any response must be supported by substantial proof. Comprehending the many forms of hacking adds to the problem's complexity. The goal of activist hacking is to forward social or political goals, whereas nuisance hacking comprises small-scale disruptions for attention-seeking reasons. Criminal hacking presents serious difficulties for law enforcement since it aims to profit financially either fraud or data theft. Cyberattacks aim to disrupt important military or infrastructure, which could have serious international consequences. 2
Experts in cybersecurity and decision-makers in government face the complex issue of hacking back, trying to understand its nuances in a quickly changing digital environment. Retaliation can be somewhat appealing, especially for organizations that have been the target of cyberattacks, but there are potential consequences that make a more thoughtful strategy necessary. Apart from the ethical and legal implications, it is important to pay attention to the practical issues of hacking back. It takes a significant level of technological expertise often greater than that of the attacked organizations to correctly detect and target attackers (United Nations 1945). In addition, because cyberspace is so connected, any response may unintentionally affect innocent parties or lead to more attacks by highly skilled enemies. Additionally, cybersecurity measures the idea of hacking back weakens the distinction between inappropriate and protection. Conventional defensive strategies focus on enforcing strong security protocols and strengthening networks. Hacking back, on the other hand, adds an offensive component and raises concerns about whether it is consistent with cybersecurity governance standards and practices (The International Committee of Red Cross, n.d). It takes a comprehensive strategy that takes moral, ethical, technical, and strategic factors into account to handle these difficulties. It is necessary for policymakers to have thoughtful conversations to create frameworks that achieve a balance between the risks involved in offensive activities and the necessity of protecting against cyber threats. Cybersecurity experts also need to follow moral guidelines and use their knowledge to minimize risks and protect digital assets. Conclusion In conclusion, hacking back is a controversial topic at the interface of cybersecurity, ethics, and law. Although the urge for retaliation makes sense, precaution is necessary due to the possible outcomes. Due to the complexity of hacking back, a thorough strategy that considers 3
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