Untying Our Hands: Reconsidering Cyber as a Separate Instrument of National Power

Military considerations significantly influenced development of U.S. national cyber capabilities, resulting in the current U.S. strategic approach that identifies cyber as a military capability. While this strategic approach offers advantages with regard to resourcing, the application of military power is limited by domestic law, international treaty law, and international customary law. Reconsidering cyber as a separate instrument of national power by legally distinguishing cyber activity from an armed attack and consolidating national cyber capabilities within a single, civilian-led organization within the executive branch avoids these limitations and provides additional cyber employment options to national strategic decision-makers.