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3.3 Introduction to Law-Enforcement Frameworks as Applied to the Digital Domain
Purpose: To orient the reader to the law-enforcement frameworks that apply in the digital domain, and the inherent difficulties with enforcing rules in cyberspace.
1 Application of the Laws of War
With the revolutionary nature of the cyber-domain for international conflict, the current laws of war must be carefully considered to determine if they are sufficient to dictate proper conduct during cyberwars.
1.1 Oona A. Hathaway, et al., The Law Of Cyber-Attack, forthcoming in the California Law Review, 2012
This article examines how existing law may be applied, adapted, and amended to meet the challenges posed by cyber-attacks. It demonstrates how cyber-attacks relate to existing bodies of law and explains how existing law is deficient but can be improved.
1.2 Maj. Gen. Charles C. Dunlap, Jr., Perspectives for Cyber Strategists on Law for Cyberwar, Strategic Studies Quarterly, Spring 2011.
Against the argument that existing law in inadequate or lacking entirely within the cybersecurity context, this piece argues that the application of the basic tenets of the existing Law of Armed Conflict (LoAC) to cyber issues are sufficient to address important issues of cyberwar.
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