The question of legal requirements is difficult to define as applying kinetic physical acts outside the cyber domain to the cyber domain are not parallel.Through our readings, the physical composition of law in the aspect of war has been centuries in the molding to ensure that commonalities among countries are set into policy.In respect, larger countries with a military presence may have a stronger voice internationally while implementing requirements.To assist in quantifying the effects of a cyber-attack, Michael Schmitt provided seven factors driving decision to a funneled conclusion which consisted of Severity, Immediacy, Directness, Invasiveness, Measurability, Presumptively Legitimate, and Responsibility (Kramer, F. D., Starr, S. H. and Wentz, L. K., 2009).
On the preciseness or ambiguity of the definition of an act of war, I would have to agree with retired Major General Dunlap on keeping a foundation such as the Law of Armed Conflict simple.He compares cyber to a technical mindset as war is very fluid and decisions are not as clear (2011). Overcomplicating and creating a cookie cutter solution does not allow a leader to make a sound decision applied to a unique situation.Technical directives may apply to objectives where steps need to be completed such as a mechanic torqueing a nut; however, war is not that technical and can change dynamics at any time driving by such parameters as politics or economics.
Moving on, my opinion on the requirements for an act of cyber-terrorism would be similar to that of Schmitt’s seven factors.My reasoning is that though cyber is non- kinetic, it could lead or have an end result of a kinetic event.Therefore, political strife, injury, death, and economical disruptions can result from cyber-terrorism.Though the focus and definition of terrorism is focused more on the kinetic result of an act for what victims are impacted and media reports build upon, the use of cyberspace through applications can have a damaging influence.
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