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Vital Interests, Virtual Threats : Reconciling International Law with Information Warfare and United States Security

By: Major Karl J. Shawhan, USAF

This study examines the history of technology and sovereignty, which reveals a model for the evolution of international law. Specifically, the history of sea, air, and space provides examples on past issues of sovereignty. A three-stage pat-tern of international law emerges. Under the assumption that sovereignty issues related to information warfare will follow the same path, the current state of sovereignty regarding information is established. To focus the study, a functional outline for international convention, the International Regime for Information Security (IRIS), is advanced. IRIS balances US domestic privacy needs with US national security demands. Specifically, technology issues regarding digital identification and encryption are weighed against civil liberties and intelligence needs....

1 INTRODUCTION . . . . . . 1 Notes . . . . . . . 7 2 INTERNATIONAL LAW . . . . 9 Notes . . . . . . . 16 3 INFORMATION RELIANCE . . . . . 19 Notes . . . . . . . 28 4 STATUS QUO—CYBERLITIGATION . . . . . 31 Notes . . . . . . . 36 5 THE INTERNATIONAL REGIME FOR INFORMATION SECURITY MODEL. . . .39 Notes . . . . . . . 47 6 THE FUTURE . . . . . . 49 Notes . . . . . . . 56...

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