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Harold Koh on Cyber War

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Wednesday, September 19, 2012 at 10:28 AM

I attended a conference yesterday at Ft. Meade, sponsored by the Staff Judge Advocate for US Cyber Command.  I’ll have more on the conference as time permits, but for now, here is a nice summary by Ellen Nakashima of the Washington Post.  As she notes, the most notable aspect of the conference was the public statement by Harold Koh, the State Department Legal Advisor, which, for the first time articulated the USG position that the Laws of Armed Conflict apply in cyberspace.  This may be trivial — most of us had assumed so already -but it is still significant.  And there was nuance in what Koh said that will require some more explanation (I will post some of the text when available).  But for now, the mere event is worth noting.

UPDATE:  Our friends at Opinio Juris now have the text of the Koh remarks available.

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