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Chapter
Conclusion
Open world expectations concerning the free flow of information, persons and goods occupy an uncomfortable space between cyber victims and accused hackers. Well-conceived hackback regulations protect open worl...
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Chapter
Introduction
One of the greatest gifts bestowed upon the global community by the Western world is the belief that persons, information, good and services, and access to commonly cherished natural resources should be availa...
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Chapter
The Open World Ethos
There are two core components of open world discourse. The first consists of substantive zones: free trade, access to educational or research information, immigration, internet access and the global commons. P...
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Chapter
Capabilities, Entitlements and VRN
Capability theory provides a compelling‚ alternative explanation for the actions of individuals who appear to possess primary goods‚ formal rights and some degree of wealth. Capability-deficient entities—indiv...
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Chapter
Surveillance and Disruption
The capabilities critique of fairness and welfare in cyberspace redefines the limits of global justice. Retaliatory hackback provisions in American state/federal law and international law resolve disputes over...
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Chapter
Amplifying American Power in Cyberspace
Capability theory is usually applied to individuals, but it can also explain the behavior of nation-states. Nations with a considerable endowment of primary goods, formal rights and wealth often find it diffic...
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Skepticism, Self-Defense/Help and Global Justice
Skeptics recognize that there are important ‘legitimacy gaps’ in open world discourse, gaps that require a searching inquiry into the limits of foundationalism, scientific rationality and reflective equilibriu...
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Chapter
Aggravating Factors, Freedom and Retaliation
VRN protects the entitlements of capability-deficient entities that retaliate under the presumptive and desert rules. The presumptive rule requires the beneficiaries of VRN protection to pursue retaliation out...
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Chapter
Exceeding Authorized Access Under the CFAA
According to the conventional wisdom, the Computer Fraud and Abuse Act (CFAA) generally prohibits retaliatory hackbacks, regardless of the nature of the cyber attack, the identity of the victim and the motives...
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Chapter
Capabilities, Populism and Presidential Leadership
Perceptions of American vulnerability in cyberspace stemming from its enduring status as a democratic beacon generally committed to the rule of law increase the theoretical and strategic appeal of covert retal...
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Book
