On 5/7, Zachary Fryer-Biggs wrote for DefenseNews on cyber rules of engagement (ROEs). DoD has said that the new ROEs will be coming out in a few month. The Washington Post previously reported that those ROEs will likely require top-level (i.e. presidential) approval for offensive cyber-attacks on foreign nations. So what's taking so long?
The DefenseNews article explained that the legal debate over the U.S. military's role in domestic networks is slowing the promulgation of the ROEs. The article quoted James Cartwright, former vice chairman of the JCS, as saying that this debate is a "turf war", apparently between the DHS and DoD. This new set of ROEs will consider the DoD's role with regard to critical infrastructure and how the DHS factors in. The U.S. military obviously handles foreign threats, with the DHS handling domestic threats; however, how can you square that neat division with the ambiguities of cyberspace?
Of course, there is a legal barrier to the U.S. military operating within the borders of the United Sates, so it's unclear if and how the DoD could protect private systems.
Interesting article. Find more of the DefenseNews piece here.
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