The article explores the legal framework for cyber warfare, arguing that existing international law, which focuses on traditional warfare, is inadequate to address the unique aspects of cyberattacks.
The authors propose a new “Effects Test” to determine when a cyberattack constitutes an armed attack, which would allow for a response in self-defense. The article also examines the Caroline Doctrine, which sets forth the requirements for anticipatory self-defense, and proposes a modification of the doctrine for the cyber context, advocating for a stricter scrutiny of intelligence before taking action.
The authors believe that a more robust legal framework for cyberwarfare is crucial to ensure that the United States can effectively protect itself from threats in the digital age.
