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60 Naval L. Rev. 1 (2010)
Controlling the Use of Force in Cyber Space: The Application of the Law of Armed Conflict during a Time of Fundamental Change in the Nature of Warfare

handle is hein.journals/naval60 and id is 3 raw text is: Naval Law Review CONTROLLING THE USE OF FORCE IN CYBER SPACE: THE APPLICATION OF THE LAW OF ARMED CONFLICT DURING A TIME OF FUNDAMENTAL CHANGE IN THE NATURE OF WARFARE Commander Todd C. HuntleyI America's failure to protect cyber space is one of the most urgent national security problems facing the country., 1. INTRODUCTION Cyber attacks against U.S. government systems, critical infrastructure, and private networks are now reported in the media on an almost daily basis. The threat posed to U.S. national security by these attacks, as well as U.S. government efforts to defend against them, have also received much attention lately. One of President Obama's first acts upon taking office was to order a comprehensive 60-day review of U.S. cyber space policy.' In April 2009 Congress introduced three different bills addressing various aspects of cyber security.' While the threat to U.S. national security posed by cyber intrusions and attacks is widely discussed in both the government as well as the media, the U.S. continues to struggle to develop a cyber security strategy.! These discussions, as ' Judge Advocate General's Corps, United States Navy. Currently serving as the Staff Judge Advocate for Commander, Special Operations Command Central and Combined Forces Special Operations Component Command. B.A., 1991, University of Cincinnati; J.D., 1996, University of Cincinnati; M.A., 2006, Fletcher School of Law and Diplomacy; L.L.M., 2009, Harvard Law School. The views expressed in this article are those of the author and do not represent the views of the Department of Defense or Department of the Navy. All information obtained for this article was gathered from unclassified sources. The author would like to thank Professor Jack Goldsmith for his invaluable assistance and advice. 2 S. 773, 111th Cong. (2009). ' White House Press Statement, President Obama Directs the National Security and Homeland Security Advisors to Conduct Immediate Cyber Security Review, (Feb. 9, 2009) available at http://www.whitehouse.gov/the_pressoffice/advisorstoconductimmediatecybersecurityreview/. 4 Ben Bain, Lawtmakers Attack Cybersecurity on Multiple Fronts, FEDERAL COMPUTER WEEK, May 1, 2009, available at http://www.fcw.com/Articles/2009/05/04/news-congress-cybersecurity.aspx. 5 The existing National Strategy to Secure Cyber space was published in February 2003 and is widely seen as inadequate to deal with current threats to critical U.S. infrastructure, systems and networks. See NATIONAL RESEARCH COUNCIL, Technology, Policy, Law, and Ethics Regarding 1 LX