Civilians in Cyberwarfare: Conscripts

Abstract

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