Government

282-Page Handbook Details Recommended Rules of Cyberwar Engagement

With cyberwar becoming more and more prevalent, one group is putting out actual rules recommending how to engage in it.

The Tallinn Manual – named for the Estonian capital where it was compiled – was created at the behest of the NATO Cooperative Cyber Defense Center of Excellence, a NATO think tank.

Tallinn Manual Details International Rules for Cyberwar

A copy of the Tallinn Manual, a rulebook on cyberwarfare, is held up in a posed photograph in London, Tuesday, March 19, 2013. Even cyberwar has rules, and one group of experts is publishing a manual to prove it. The handbook due to be published later this week applies the venerable practice of international law to the world of electronic warfare in an effort to show how hospitals, civilians, and neutral nations can be protected in an information age fight. (Photo: AP/Matt Dunham)

Their handbook, due to be published later this week, applies the practice of international law to the world of electronic warfare in an effort to show how hospitals, civilians and neutral nations can be protected in an information-age fight.

“Everyone was seeing the Internet as the ‘Wild, Wild, West,’” U.S. Naval War College Professor Michael Schmitt, the manual’s editor, said in an interview with the Associated Press before its official release. “What they had forgotten is that international law applies to cyberweapons like it applies to any other weapons.”

The manual takes existing rules on battlefield behavior, such as the 1868 St. Petersburg Declaration and the 1949 Geneva Convention, to the Internet, occasionally in unexpected ways.

Marco Roscini, who teaches international law at London’s University of Westminster, described the manual as a first-of-its-kind attempt to show that the laws of war – some of which date back to the 19th century – were flexible enough to accommodate the new realities of online conflict.

In 2011, President Barack Obama signed an executive order for how the United States could engage in cyberwarfare.

This new 282-page handbook has no official standing, but Roscini predicted that it would be an important reference as military lawyers across the world increasingly grapple with what to do about electronic attacks.

“I’m sure it will be quite influential,” he said, according to AP.

The manual’s central premise is that war doesn’t stop being war just because it happens online. Hacking a dam’s controls to release its reservoir into a river valley can have the same effect as breaching it with explosives, its authors argue.

Legally speaking, a cyberattack that sparks a fire at a military base is indistinguishable from an attack that uses an incendiary shell.

The humanitarian protections don’t disappear online either. Medical computers get the same protection that brick-and-mortar hospitals do. The personal data related to prisoners of war has to be kept safe in the same way that the prisoners themselves are – for example by having the information stored separately from military servers that might be subject to attack.

Cyberwar can lead to cyberwar crimes, the manual warned. Launching an attack from a neutral nation’s computer network is forbidden in much the same way that hostile armies aren’t allowed to march through a neutral country’s territory. Shutting down the Internet in an occupied area in retaliation for a rebel cyberattack could fall afoul of international prohibitions on collective punishment.

The experts behind the manual – two dozen officers, academics, and researchers drawn mainly from NATO states – didn’t always agree on how traditional rules applied in a cyberwar.

Self-defense was a thorny issue. International law generally allows nations to strike first if they spot enemy soldiers about to pour across the border, but how could that be applied to a world in which attacks can happen at the click of a mouse?

Other aspects of international law seemed obsolete – or at least in need of an upgrade – in the electronic context.

Soldiers are generally supposed to wear uniforms and carry their arms openly, for example, but what could such a requirement have when they are hacking into distant targets from air-conditioned office buildings?

The law also forbids attacks on “civilian objects,” but the authors were divided as to whether the word “object” could be interpreted to mean “data.” So that may leave a legal loophole for a military attack that erases valuable civilian data, such as a nation’s voter registration records.

Here’s a panel about the manual at a conference earlier this month at Duke Law:

Related:

The Associated Press contributed to this report. 

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Comments (16)

  • jman-6
    Posted on March 19, 2013 at 11:32pm

    Is it just me…I thought all is fair in love and war! Only a bunch of lefty bureaucrats would come up with something this STUUUUUUUUUUUUUUUUUUUPID!

    Report this comment

    jman-6  
  • Calm Voice of Reason
    Posted on March 19, 2013 at 7:35pm

    Everyone needs to learn how to code. The Second Amendment isn’t only about guns.

    Report this comment

    Calm Voice of Reason  
  • STREBOR
    Posted on March 19, 2013 at 7:13pm

    Laws for hackers………my coffee came out mah nose! Yeah right…………………..

    Report this comment

    STREBOR  
  • DougHuffman
    Posted on March 19, 2013 at 6:45pm

    An air-break is only as effective as the ****** traitor sitting between the workstations. MOLON LABE Lord of Flies

    Report this comment

    DougHuffman  
  • The-Monk
    Posted on March 19, 2013 at 6:20pm

    Like China will ever abide by anything like this…

    Get a clue people…. just shut down all Internet connections to Countries that hack us.

    Report this comment

    The-Monk  
  • barber2
    Posted on March 19, 2013 at 6:14pm

    What a hoot ! Hackers are sure to follow these rules ?! Yeah, just like criminals will abide by gun laws. We have entered a strange new world where the only morals are ” don’t get caught,” anything goes, and ” illegal” doesn’t mean anything . As in ” illegal alien.”

    Report this comment

    barber2  
  • Eastinfection
    Posted on March 19, 2013 at 6:13pm

    Whatever you do… don’t put Manti Te’o in charge of it.

    Report this comment

    Eastinfection  
  • Snowleopard {gallery of cat folks}
    Posted on March 19, 2013 at 6:06pm

    Here is the crux of the matter, why does anyone honestly expect those determined to use cyber-war in an offensive means to abide by any international conventions on the matter?

    Cyber-warfare crosses all national borders and boundaries; from lone terrorists/hackers, major crime organizations to full scale cyber-warfare divisions used by China to probe, test and breach defenses to steal data and the like.

    When such warfare begins, it will be done swiftly and completely.

    Report this comment

    Snowleopard {gallery of cat folks}  
  • media-bias-steals-elections
    Posted on March 19, 2013 at 6:05pm

    Michael Berry would love this humor?

    You people is just ignant, you know gosh darn golly gee well, that the GOP is open to people that believe in UFOs? Fair for Con people just itching to hear more about that? Fair for Con is an organization created for reptilian alligator shoe wearing cowboys?

    Drug dealers think the DEA can’t track them in the United States by using sat technology, because US law forbids the military to be used to spy on its own people? That’s why they made so many James Bond movies about Russians and Chinese diplomacy?

    Palmface?

    Report this comment

    media-bias-steals-elections  

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