'At Light Speed' - Attribution and Response to Cybercrime/Terrorism/Warfare

68 Pages Posted: 18 Jan 2010

See all articles by Susan W. Brenner

Susan W. Brenner

University of Dayton - School of Law

Date Written: 2007

Abstract

Nation-states utilize a two-pronged approach for maintaining social order: They use military forces to fend off external threats (warfare) from other nation-states; and they use a set of civil and criminal laws, the latter enforced by law enforcement officers and a set of legal procedures for sanctioning violators, to maintain internal order. Both crime and terrorism fall into the category of internal threat - "crime."

Cyberspace challenges nation-states' ability to utilize this scheme effectively because it becomes difficult to parse the nation of an attack (attack-attribution) and to identify attackers (attacker-attribution). It also creates problems in responding to threats (military for external threats, law enforcement for internal) because territorial borders become permeable. This article explores the legal and analytical challenges arising from the attack-attribution, attacker-attribution and response processes.

Keywords: cybercrime, cyberterrorism, cyberwarfare, crime, terrorism, warfare, cyberspace, law of war

JEL Classification: H56, K14, K33, K42

Suggested Citation

Brenner, Susan W., 'At Light Speed' - Attribution and Response to Cybercrime/Terrorism/Warfare (2007). Journal of Criminal Law and Criminology, Vol. 97, p. 379, 2007. Available at SSRN: https://ssrn.com/abstract=1008542

Susan W. Brenner (Contact Author)

University of Dayton - School of Law ( email )

300 College Park
Dayton, OH 45469
United States
937-229-2929 (Phone)
937-229-2469 (Fax)

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