Optimizing Lawful Responses to Cyber Intrusions
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Authors
Wingfield, Thomas C.
Michael, James B.
Wijesekera, Duminda
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Date of Issue
2005-06
Date
2005-06
Publisher
Naval Postgraduate School
Language
en
Abstract
Cyber intrusions are rarely met with the most effective possible response, less for technical than legal reasons. Different rogue actors (terrorists, criminals, spies, etc.) are governed by overlapping but separate domestic and international legal regimes. Each of these regimes has unique limitations, but also offers unique opportunities for evidence collection, intelligence gathering, and use of force. We propose a framework which automates the mechanistic aspects of the decision-making process, with human intervention for only those legal judgments that necessitate human judgment and official responsibility. The basis of our framework is a pair of decision trees, one executable solely by the threatened system, the other by the attorneys responsible for the lawful pursuit of the intruders. These parallel decision trees are interconnected, and contain pre-distilled legal resources for making an objective, principled determination at each decision point. We offer an open-source development strategy for realizing and maintaining the framework.
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Article
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This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.