Document Type
Article
Publication Date
7-1-2009
Abstract
The enforcement of neutrality in cyberspace has not yet occurred, and there appears to be no policy for enforcement. This article suggests a rubric using existing laws for exerting executive authority. Section I of this article discusses the emergence of conflict in cyberspace. This article focuses on the executive branch's authority to enforce neutrality in cyberspace. Section II provides a basic rubric of neutrality rules as applied to conflict in cyberspace. Section III analyzes the most recent cyberconflict, the Georgian-Russian War of 2008, and the potential consequences the United States risked because it lacked a cyber neutral position. Finally, the article concludes with an assessment of the need for a greater exertion of authority from the executive branch to police cyberspace.
Publication Title
Air Force Law Review
Volume
64
First Page
43
Last Page
64
Recommended Citation
Joshua E. Kastenberg,
Non-Intervention and Neutrality in Cyberspace: An Emerging Principle in the National Practice of International Law,
64
Air Force Law Review
43
(2009).
Available at:
https://digitalrepository.unm.edu/law_facultyscholarship/436
