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The Terrorists Among US- Law and Policy 5

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George Eliason
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International Law and Policy for Online and Cyberattacks

Next, let's establish a few things directly from Tallinn Manual I. From a 2015 article I'll be highlighting a lot more in the next article I showed clearly that:

 · Civilians are a protected class.

 · If you work with a foreign country against their perceived enemies you are considered a military asset even if you work for a private contractor. You are targetable in every sense that word conveys.

 · If you work with a foreign country against their perceived enemies you are considered a military asset and attacks against civilians is a terrorist act.

 · To my knowledge no western country allows its citizens to make war on each other or citizens of other countries they are at peace with. The Black Letter Rules include: Rule 23.3 Cyber attacks against civilians is a war crime defined by rule 32.

 · Rule 26.7 The concept of "belonging to" defines whether you can be targeted or not. This rule defines civilians as off limits unless they are "engaged" in real war duties. It includes undeclared relationships where behavior makes it clear which side a person is fighting for.

 · Rule 26.9 Virtual online communities and people expressing opinions do not qualify as combatants.

 · Rule 30 defines a cyber attack as a non-kinetic attack reasonably expected to cause damage or death to persons resulting from the attack. If attacker mistakenly calls civilians lawful targets, the attack on civilians still occurred. It is a crime. This is an important consideration considering how interconnected the internet has made people.

 · Rule 31 Psy-Ops including leaflets, mass emails is not prohibited behavior.

 · Rule 33 If there is doubt to the status of a person, that person is to be considered a civilian and not targetable.

 · Rule 35.5 Gathering information for the military makes you a combatant.

 · Journalists are prohibited targets.

 · Once an attack is made, the retribution is legal and does not necessarily need to be in kind.

A cyber attack can be met with conventional weapons.

 · Rule 41 Means and Methods describe cyber weapons broadly as the means to carry out cyber war by use, or intended use of cyber "munitions" designed to cause damage, destruction, or death to its targets. The breadth of the rule is required because of the wide array of possible attacks through cyber means.

Now, the first loophole I wanted to be closed comes from an inverse look at a cyber war attack including stalking and targeting protected classes. Here's how this can be elevated to war crimes.

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George Eliason is an American journalist that lives and works in Donbass. He has been interviewed by and provided analysis for RT, the BBC, and Press-TV. His articles have been published in the Security Assistance Monitor, Washingtons Blog, (more...)
 

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