This conceptual article by Dr. Mils Hills examines the legal case for "hacking-back" and pre-emptive cyber counter-strikes by liberal democratic states. Hills argues that such states face a structural disadvantage: adversaries are not bound by the same legal and ethical constraints, yet liberal democracies continue to observe theirs. Drawing on the author's work advising elite UK military units and doctrine-development bodies, the article considers what space remains, in an era of "unrestricted warfare," for aggressive cyber counter-strike and pre-emptive activity. Hills calls for creativity and innovation in developing tools, tactics, and strategy that deliver strategic advantage while remaining cognizant of the legal and other constraints and frameworks within which liberal democratic states operate.
How to cite
Dr. Mils Hills, The Deregulation and Swarming of Cyberwarfare: The Need for and Limitations of Law in Enabling Aggressive ‘Hacking-back’ and Pre-Emption, 3 J.L. & Cyber Warfare, No. 1 (2014), https://www.jlcw.org/articles/the-deregulation-and-swarming-of-cyberwarfare-the-need-for-and-limitations-of-law-in-enabling-aggressive-hacking-back-and-pre-emption.