Suchergebnisse

Prepared for: Naval Postgraduate School Homeland Security Leadership Development Program, under the auspices of the U.S. Department of Justice ; This report consists of a learning module on the legal aspects of operations in cyberspace. The learning module was developed specifically for use in the Naval Postgraduate School Homeland Security Leadership Development Program's curriculum for the Homeland Defense specialization of the Master of Arts degree in National Security Affairs. Given the complexity of the law governing cyber operations, it is vitally important that policymakers and their legal advisers share a common intellectual framework for evaluating and responding to attacks in cyberspace. This learning module provides the student with an introduction three overlapping legal regimes within which to conduct cyber operations: law enforcement, intelligence collection, and military operations. ; Approved for public release; distribution is unlimited.

The article of record as published may be located at http://dx.doi.org/10.1108/10662240610710969 ; Purpose – This paper aims to assist investigators and attorneys addressing the legal aspects of cyber incidents, and allow them to determine the legality of a response to cyber attacks by using the Worldwide web securely. Design/methodology/approach – Develop a decision support legal whiteboard that graphically constructs legal arguments as a decision tree. The tree is constructed using a tree of questions and appending legal documents to substantiate the answers that are known to hold in anticipated legal challenges. Findings – The tool allows participating group of attorneys to meet in cyberspace in real time and construct a legal argument graphically by using a decision tree. They can construct sub-parts of the tree from their own legal domains. Because diverse legal domains use different nomenclatures, this tool provides the user the capability to index and search legal documents using a complex international legal ontology that goes beyond the traditional LexisNexis-like legal databases. This ontology itself can be created using the tool from distributed locations. Originality/value – This tool has been fine-tuned through numerous interviews with attorneys teaching and practicing in the area of cyber crime, cyber espionage, and military operations in cyberspace. It can be used to guide forensic experts and law enforcement personnel during their active responses and off-line examinations.

News reports and public discussion about cyberattacks appear daily in traditional and social media. Cyberattacks used in the commission of crimes, such as stealing customer credit card information, defacing websites, distributing child pornography via file-sharing sites, and creating and leasing out botnets, have become commonplace. Moreover, cyberattacks that once were considered extraordinary - in particular, those carried out as part of state-sponsored military or intelligence operations - will likely increase in frequency and severity.