Earlier this week the Pentagon issued a statement that cyber-attacks by a foreign nation could be considered an act of war that could elicit a traditional military response. Specifically, Pentagon spokesperson Col. Dave Lapan said that “a response to a cyber-incident or attack on the US would not necessarily be a cyber-response. All appropriate options would be on the table.” This statement comes as the United States grapples with putting together a comprehensive cybersecurity and warfare policy. The development of such a policy must involve a complete understanding of the laws and authority surrounding cyber warfare. Yet, these laws and authorities are, for the most part, uncharted waters.
The American Bar Association has several committees dedicated to charting these waters and on June 13, 2011, at 12:00 pm EDT, the Science & Technology Law (SciTech) Section’s Homeland Security Committee, the Public Contract Law (PCL) Section’s Cybersecurity Committee and the Standing Committee on Law and National Security are co-sponsoring a joint program focusing on the emerging—and often unsettled—legal and policy issues arising out of cyber warfare.
The panel for the joint program includes:
- Dr. Herbert S. Lin, Chief Scientist, Computer Science & Telecommunications Board, National Research Council of the National Academies & Study Director for Technology, Policy, Law, and Ethics regarding U.S. Acquisition and Use of Cyberattack Capabilities;
- Dr. Catherine Lotrionte, Executive Director, Institute for Law, Science and Global Security at Georgetown University and former Counsel to the President’s Foreign Intelligence Advisory Board at the White House;
- Suzanne Spaulding, Principal, Bingham Consulting Group and former General Cousnel for the Senate Select Committee on Intelligence and Assistant General Counsel at CIA; and
- The program will be moderated by David Z. Bodenheimer, a partner at Crowell & Moring LLP, Co-Chair of the SciTech Homeland Security Committee and Vice Co-Chair of PCL Cybersecurity Committee.
The program will be held at the offices of Crowell & Moring LLP at 1001 Pennsylvania Ave., N.W., Washington, D.C. and lunch will be served to those attending in person. You can also attend by phone. The cost to attend (either by phone or in person) is $15.
Please register here.