Document Type

Article

Publication Date

7-1-2009

Abstract

The DOD is currently lacking sufficient regulatory authority to ensure the availability of access to conduct operations through cyberspace, because the conduct of its members is predicated on a number of false assumptions which are written into outdated or otherwise poorly designed current regulations. This article addresses those assumptions and existing regulations and argues for new guidance to alter the current paradigm of almost unfettered access. This article is divided into three sections. Section I touches on the nature of DOD cyberspace and the potential harms that result from current social behaviors of the department's personnel. Section II analyzes shortcomings in existing regulations to police the use of government information systems. Section III presents differing options to provide the DOD and its commanders a means to reduce the risk of malicious code through the implementation of a new regulation or lawful order. It also includes an analysis of relevant supportive federal and state court decisions. Finally, the article contains an appendix with a draft proposed regulation and a draft order.

Publication Title

Air Force Law Review

Volume

64

First Page

175

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