Document Type


Publication Date



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cyberspace, because the conduct of its members is predicated on a number of false assumptions which are written into outdated or otherwise poorly designed current regulations.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



First Page


Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.