A Right to Cybercounter Strikes: The Risks of Legalizing Hack Backs

Kallberg, Jan

doi:10.1109/mitp.2015.1

Cited by 6 publications

(2 citation statements)

References 4 publications

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“…In the public discourse, the Second Amendment and the Castle Doctrine tend to part of the same discussion. The Castle Doctrine has also been used as an argument to support legalization of corporate hack back [16].…”

Section: The Castle Doctrinementioning

confidence: 99%

The Second Amendment and Cyber Weapons: Constitutional Relevance of Digital Gun Rights

Kallberg

2019

IEEE Technol. Soc. Mag.

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In the future, the United States government can seek to limit the ownership and usage of cyber weapons. The question is whether the Second Amendment to the United States Constitution gives a right to bear and own military-grade cyber weapons, and if so, under which conditions. The framers of the Bill of Rights, ratified in 1791, did not limit the right to bear arms to defined weapons such as long rifles and pistols, but instead chose the broader word arms. The United States Supreme Court, in the case District of Columbia v. Heller, upheld a demarcation between "dangerous and unusual" weapons that are not permissible to own and weapons protected by the Second Amendment. Cyber weapons take the form of dual-use software, often shared and globally distributed, that in most cases can be weaponized for harmful purposes. In recent years, major corporations have sought to "hack back,"and if the hack back is authorized, the question becomes whether corporations have digital gun rights. Even if corporations are considered US persons, they do not automatically obtain digital gun rights based on the Second Amendment. This article discusses the core constitutional challenges for the United States government in prohibiting individual ownership of cyber weapons and the rationale for why corporations are in a weaker position regarding ownership of cyber arms. The argument brought forward is that individuals can claim Second Amendment protection of their right to own militarygrade software tools, but corporations must meet additional criteria to do so.

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Section: The Castle Doctrinementioning

confidence: 99%

The Second Amendment and Cyber Weapons: Constitutional Relevance of Digital Gun Rights

Kallberg

2019

IEEE Technol. Soc. Mag.

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“…taking a much stronger approach than simply defending oneself by performing offensive cyber operations on the perpetrators of these attacks. Discussions about such a potential "hack back" strategy have been increasing in the private sector since the wave of cyber espionage surrounding the development of the Lockheed Martin F-35 Lightning II fighter jet (Kallberg, 2015). The concept has also gained prominence due to the actions of the United States Cyber Command (USCYBERCOM) targeting the Russian Internet Research Agency (IRA) prior to the a cost on the attackers, defenders render the option of the cyber-attack much less attractive.…”

Section: Introductionmentioning

confidence: 99%

Space Cyber Threats and Need for Enhanced Resilience of Space Assets

2021

Proceedings of the European Conference on Information Warfare and Security

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