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13 SMU Sci. & Tech. L. Rev. 249 (2009-2010)
Civilians in Cyberwarfare: Casualties

handle is hein.journals/comlrtj13 and id is 255 raw text is: Civilians in Cyberwarfare: Casualties Susan W. Brenner* & Leo L. Clarke** I. INTRODUCTIONI According to one estimate, 140 nations have, or are in the process of developing, the capacity to wage cyberwarfare.2 Other countries will no doubt follow suit. A 2009 global survey of IT and security executives work- ing for critical infrastructure and computer security companies found that 45 percent believed their governments were either 'not very' or 'not at all' capa- ble of preventing and deterring cyber attacks.3 While cyberwarfare will probably not displace traditional kinetic war- fare,4 it will become an increasingly important weapon in the arsenals of nation-states for several reasons. One of the primary reasons is cost: devel- oping the capacity to wage cyberwar is inexpensive as compared to the cost of developing and maintaining the capacity to wage twenty-first century ki- * NCR Distinguished Professor of Law & Technology, University of Dayton School of Law. E-mail: susanwbrenner@yahoo.com. ** Associate, Drew, Cooper and Anding, Grand Rapids, Michigan. Email: leolclarke@yahoo.com. 1. The authors gratefully acknowledge the invaluable contributions Ms. Alison Gaughenbaugh, JD 2011 University of Dayton School of Law, made to the research and writing of this article. 2. See, e.g., Kevin Coleman, The Cyber Arms Race Has Begun, CSO ONLINE, Jan. 28, 2008, http:www.csoonline.com/article/216991/ColemanTheCyber ArmsRacehasBegun?page- 1. See also Cyber Crime: A 24/7 Global Battle, ITP REPORT, Nov.29, 2007, http://www.itpreport.com/default.asp?Mode= Show&A=1421&R=GL (stating 120 nations have or are developing cyberwarfare capabilities). Cyberwarfare is also known as information warfare, electronic warfare, and cyberwar. See CLAY WILSON, INFORMATION OPERA- TIONS, ELECTRONIC WARFARE, AND CYBERWAR: CAPABILITIES AND RELATED POLICY ISSUEs, (2007), http://www.fas.org/sgp/crs/natsec/RL31787.pdf. 3. McAFEE, IN THE CROSSFIRE: CRITICAL INFRASTRUCTURE IN THE AGE OF CYBER WAR 26 (2009), http://newsroom.mcafee.com/images/10039/In%20the%20 CrossfireCIP%20report.pdf. Fifty percent of the executives identified the United States as one of the three countries 'most vulnerable to critical infra- structure cyberattack'. Id. at 30. 4. Kinetic warfare involve[s] the forces and energy of moving bodies, includ- ing physical damage to or destruction of targets through use of bombs, missiles, bullets, and similar projectiles. Air Force Glossary, Air Force Doctrine Docu- ment 1-2 57, http://www.docstoc.com/docs/12530146/Air-Force-Glossary (Jan. I1, 2007). For a more detailed description of kinetic warfare, see, e.g., Cheng Hang Teo, The Acme of Skill: Non-Kinetic Warfare 2-3, AIR COMMAND AND STAFF COLLEGE - AIR UNIVERSITY (2007), available at https://www. afresearch.org/skins/rims/display.aspx?moduleid=BEe993-fc56-4ccb-8dfe- 670c0822al53&mode=user&action=researchproject&objectid=E6bc/jd2-60 96-41aO-bObb-e425864be6ca.

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