Gary D. Brown, Paul Walker, and Anthony W. Bell III
U.S. military operations : law, policy, and practice
Oxford : Oxford University Press, 2016
This chapter overviews how the U.S. government is structured to defend, exploit, and attack in cyberspace and the legal authorities for such activities. It provides insight, guidance, and discussion into the current state of international humanitarian and domestic law and how such legal frameworks impact cyberspace operations, such as regarding countermeasures. It also provides perspective regarding future legal challenges and how legal advisers to national decision-makers, including military and national security attorneys, can help shape international law in this emerging field. The questions this chapter specifically addresses include (1) what are the domestic authorities for the United States military to carry out cyberspace operations, cyber-attacks, or other cyber disruptions in support of its assigned mission?; and (2) are government, finance, and communications websites and command and control facilities appropriate military targets under the law of armed conflict?