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18. Active Defense for Cyber: A Legal Framework for Covert Countermeasures

Chapter 18. Active Defense for Cyber: A Legal Framework for Covert Countermeasures

[T]he United State reserves the right, under the law of armed conflict, to respond to serious cyberattacks with an appropriate, proportional, and justified military response.

William J. Lynn, III, “The Pentagon’s Cyberstrategy, One Year Later,” Foreign Affairs, September 28, 2011

By Catherine Lotrionte [215]

During the Cold War, the United States and the Soviet Union constantly maneuvered to achieve superiority and to counter and deter any aggressive moves by each other. When one nation was perceived to overstep its bounds, the other would signal its discontent by moving aircraft carrier groups, conducting military exercises, pursuing diplomatic engagement, seeking sanctions from the United Nations Security Council, enforcing embargoes, and even conducting proxy wars. These signals may well have prevented a nuclear exchange that would have resulted in the loss of many innocent lives and possibly a world war.


  

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