Cyberspace and Posse Comitatus: Legal Implications of a Borderless Domain

reportActive / Technical Report | Accession Number: AD1018622 | Open PDF

Abstract:

Cyberspace is a domain shared by the entire world. The features which distinguish cyberspace from the traditional domains of air, land, sea, and space also raise legal questions about jurisdiction and attribution of offenses. This paper reviews some of the key distinguishing features of cyberspace and assesses the relevance of posse comitatus within the domain. It proposes invocation of the Insurrection Act of 1807 as legislation more compatible with the properties of cyberspace and offers potential applications

Author(s):
Hosler, Andrew K.
Author Organization(s):
Air Command and Staff College, Air University Maxwell Air Force Base United States
Descriptive Note:
Technical Report
Pagination:
0014

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution:
Approved For Public Release
Distribution Statement:
Approved For Public Release;

RECORD

Collection: TR
Identifying Numbers
Report Number(s):
AU/ACSC/Hosler, A/AY10
Monitor Series:
AU/ACSC/Hosler, A/AY10
 Subject Terms
Joint Capability Areas:
JCA_6_Net Centric; JCA_6.4.1_Secure Information Exchange; JCA_6.4.2_Protect Data and Networks; JCA_6.4_Information Assurance; JCA_3.2_Engagement; JCA_3_Force Application; JCA_3.2.2_Non-Kinetic Means; JCA_7.1.2_Prevent Non-kinetic Attack; JCA_7.1_Prevent; JCA_7_Protection; JCA_5_Command and Control; JCA_6.1.3_Switching and Routing; JCA_6.1_Information Transport; JCA_4.7.2_Installation Services; JCA_4.7_Base and Installations Support; JCA_5.2_Understand; JCA_5.2.2_Develop Knowledge and Situational Awareness; JCA_5.3_Planning; JCA_1_Force Support; JCA_5.3.2_Apply Situational Understanding; JCA_8_Building Partnerships
Modernization Areas:
Cyber
Communities of Interest:
Cyber
Descriptor(s):
national security, cyberattacks, computer network security, command and control, communication systems, lessons learned, military strategy, united states government, denial of service attack, insurgency, military operations, internet
Keyword(s):
Cyberspace, information technology infrastructures
Report Date:
2010 Mar 01
Creation Date:
2017 Jan 16