Panel on Cyberwarfare and Cyberattacks at 9th Circuit Judicial Conference
Monday, July 20th, 2015 by kcI had the honor of contributing to a panel on “Cyberwarfare and cyberattacks: protecting ourselves within existing limitations” at this year’s 9th Circuit Judicial Conference. The panel moderator was Hon. Thomas M. Hardiman, and the other panelists were Professor Peter Cowhey, of UCSD’s School of Global Policy and Strategy, and Professor and Lt. Col. Shane R. Reeves of West Point Academy. Lt. Col. Reeves gave a brief primer on the framework of the Law of Armed Conflict, distinguished an act of cyberwar from a cyberattack, and described the implications for political and legal constraints on governmental and private sector responses. Professor Cowhey followed with a perspective on how economic forces also constrain cybersecurity preparedness and response, drawing comparisons with other industries for which the cost of security technology is perceived to exceed its benefit by those who must invest in its deployment. I used a visualization of an Internet-wide cybersecurity event to illustrate technical, economic, and legal dimensions of the ecosystem that render the fundamental vulnerabilities of today’s Internet infrastructure so persistent and pernicious. A few people said I talked too fast for them to understand all the points I was trying to make, so I thought I should post the notes I used during my panel remarks. (My remarks borrowed heavily from Dan Geer’s two essays: Cybersecurity and National Policy (2010), and his more recent Cybersecurity as Realpolitik (video), both of which I highly recommend.) After explaining the basic concept of a botnet, I showed a video derived from CAIDA’s analysis of a botnet scanning the entire IPv4 address space (discovered and comprehensively analyzed by Alberto Dainotti and Alistair King). I gave a (too) quick rundown of the technological, economic, and legal circumstances of the Internet ecosystem that facilitate the deployment of botnets and other threats to networked critical infrastructure.
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