June 2015 I sketched foreseen legal actions impacting on cybercrime. I posted a diagram-infographic in Feb 2016 "LEGALLY SPEAKING – OBSERVATIONS CHART FOR JUDGES BARRISTERS AND SOLICIT0RS" - http://trewmte.blogspot.co.uk/2016/02/threatware-legally-speaking.html.
I am pleased to see that ETSI (European Telecommunications Standards Institute) have also picked up on my themes in their 2017 published technical report (TR) CYBER; Implementation of the Network and Information Security (NIS) Directive ETSI TR 103 456 V1.1.1 (2017-10) with reference to Contract, Tort and Crime.
Investigations, Practices and Procedures: Seizure-Forensic Examination-Evidence. Cellular and Satellite Telephones, Call Records-Billing Data, Cell Site Analysis. Telecomms. Computer and Network Analysis. GPS devices & Jammers, Cyber, IoT forensics.
Showing posts with label mistake. Show all posts
Showing posts with label mistake. Show all posts
Sunday, October 29, 2017
Sunday, February 07, 2016
Threatware - legally speaking
LEGALLY SPEAKING – OBSERVATIONS CHART
FOR JUDGES BARRISTERS AND SOLICIT0RS
Speaking of the problem of attributing, General Alexander notes that it is very hard "telling one actor from another and divining actors' intentions":
Not every event that affects our networks rises to the level of a national security threat. It is important to remember that hacking, spreading malware and other malicious activities are crimes, defined domestically as well as internationally by the Convention on Cybercrime, and accordingly have legal consequences. Even if you spot an intrusion and you know it originated from an adversary, you usually cannot tell an intelligence operation from a military one. (*page 5)As part of the overall strategic plan of the US Department of Defense, emphasis must be placed on deterrence. General Alexander notes:
Attacks by hackers and criminals can cause "nation-state sized" effects; indeed, the accidental "release" of malware might do the same, and the problem of attributing the attack to a particular actor similarly remains difficult to impossible. We have to study deterrence anew, from a variety of perspectives, and to gain clarity on our authorities. To take a thought from Sun Tzu, we must understand the cyber environment and, the capabilities of our adversaries, and our own abilities as well. This is not going to be easy, and it is not going to yield answers soon. If we know one thing from the Cold War, it is that stable deterrence can take years to achieve, and is the product of planning, analysis, and dialogue across the government, academe, and industry, and with other nations as well. Cyber deterrence will require progress in situational awareness, defense, and offensive capabilities that adversaries know we will use if we deem necessary. (*page 5)
SEE: * armedservices.house.gov/pdfs/FC092310/AlexanderStatement.pdf (Accessed 07/02/2016)
The above is a small sample of what is available regarding title variations, possible definitions and legal classification that may have bearing when dealing with threatware. I am not a lawyer merely I am simply using legal references to help support points in this discussion and suggesting a possible direction to seek further clarifications, observations or advice.
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