Civilians in Cyberwarfare: Casualties

SMU Science & Technology Law Review, Vol. 13, 2010

33 Pages Posted: 31 Jul 2010

Date Written: July 29, 2010


This article is a sequel to Civilians in Cyberwarfare: Conscripts, to be published by the Vanderbilt Journal of Transnational Law. Conscripts addresses the essential role of civilians as participants in cyberwarfare. Here, we explore the potential losses cyberwarfare might cause to civilian entities, including multi-national corporations, utilities, universities and local governments. We explain why cyberwarfare presents unique risks and requires unique executive responses. We also analyze how civilians should manage specific legal liability, political and reputational risks. Finally, we consider whether civilians can expect compensation if the federal government imposes new regulations, appropriates intellectual property, or even conscripts entire businesses in connection with cyberwarfare.

Keywords: cyberwarfare, liability, takings, risk, civilians, conscription

JEL Classification: K19, K33, K49

Suggested Citation

Brenner, Susan W. and Clarke, Leo L., Civilians in Cyberwarfare: Casualties (July 29, 2010). SMU Science & Technology Law Review, Vol. 13, 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)

No contact information is available for Leo L. Clarke

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