Civilians in Cyberwarfare: Conscripts

Vanderbilt Journal of Transnational Law, Vol. 43, 2010

68 Pages Posted: 30 Jul 2010

See all articles by Susan W. Brenner

Susan W. Brenner

University of Dayton - School of Law

Leo L. Clarke


Date Written: July 29, 2010


This is the first of two free-standing articles we wrote on the inevitability of involving civilians in cyberwarfare. We explain why the use of civilians is essential and why their utilization in cyberwarfare is really an extension of the military’s increasing use of civilian contractors in conventional warfare. We also exploree how the U.S. government can go about compelling civilian cooperation in cyberwarfare without violating constitutional guarantees and limitations on the power of the legislature and the executive. In the second article, we will explore the “casualty” scenario, i.e., how the law applies to the consequential damages companies will sustain as the result of participating in cyberwarfare.

Keywords: cyberwarfare, nationalization, conscription, combatanta, noncombatants

JEL Classification: K19, K33, K49

Suggested Citation

Brenner, Susan W. and Clarke, Leo L., Civilians in Cyberwarfare: Conscripts (July 29, 2010). Vanderbilt Journal of Transnational Law, Vol. 43, 2010, Available at SSRN:

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)

Leo L. Clarke

TechRisk.Law ( email )

4619 Slayden Rd NE
Tacoma, WA 98422
United States
616.818.5397 (Phone)


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