Cyberspace and Posse Comitatus: Legal Implications of a Borderless Domain

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

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Document Details

Document Type
Technical Report
Publication Date
Mar 01, 2010
Accession Number
AD1018622

Entities

People

  • Andrew K. Hosler

Organizations

  • Air Command and Staff College

Tags

Communities of Interest

  • Cyber

DTIC Thesaurus Topics

  • Command And Control
  • Computer Networks
  • Cyber Warfare
  • Cyberattacks
  • Cyberspace
  • Cyberspace Operations
  • Denial Of Service Attack
  • Department Of Defense
  • Department Of Homeland Security
  • Governments
  • Homeland Security
  • Law
  • Military Operations
  • National Security
  • Security
  • United States
  • United States Government

Readers

  • Government and Public Administration Law.
  • Irregular Warfare and Special Operations Cyberspace Operations against Adversarial Threats.
  • Theoretical Analysis.

Technology Areas

  • Cyber
  • Cyber - Legality in Cyberspace
  • Space