There’s a power struggle going on in the U.S. government right now.
It’s about who is in charge of cyber security, and how much control the government will exert over civilian networks. And by beating the drums of war, the military is coming out on top.
“The United States is fighting a cyberwar today, and we are losing,” said former NSA director—and current cyberwar contractor—Mike McConnell. “Cyber 9/11 has happened over the last ten years, but it happened slowly so we don’t see it,” said former National Cyber Security Division director Amit Yoran. Richard Clarke, whom Yoran replaced, wrote an entire book hyping the threat of cyberwar.
General Keith Alexander, the current commander of the U.S. Cyber Command, hypes it every chance he gets. This isn’t just rhetoric of a few over-eager government officials and headline writers; the entire national debate on cyberwar is plagued with exaggerations and hyperbole.
Googling those names and terms—as well as “cyber Pearl Harbor,” “cyber Katrina,” and even “cyber Armageddon“—gives some idea how pervasive these memes are. Prefix “cyber” to something scary, and you end up with something really scary.
Cyberspace has all sorts of threats, day in and day out. Cybercrime is by far the largest: fraud, through identity theft and other means, extortion, and so on. Cyber-espionage is another, both government- and corporate-sponsored. Traditional hacking, without a profit motive, is still a threat. So is cyber-activism: people, most often kids, playing politics by attacking government and corporate websites and networks.
These threats cover a wide variety of perpetrators, motivations, tactics, and goals. You can see this variety in what the media has mislabeled as “cyberwar.” The attacks against Estonian websites in 2007 were simple hacking attacks by ethnic Russians angry at anti-Russian policies; these were denial-of-service attacks, a normal risk in cyberspace and hardly unprecedented.
A real-world comparison might be if an army invaded a country, then all got in line in front of people at the DMV so they couldn’t renew their licenses. If that’s what war looks like in the 21st century, we have little to fear.
Similar attacks against Georgia, which accompanied an actual Russian invasion, were also probably the responsibility of citizen activists or organized crime. A series of power blackouts in Brazil was caused by criminal extortionists—or was it sooty insulators? China is engaging in espionage, not war, in cyberspace. And so on.
One problem is that there’s no clear definition of “cyberwar.” What does it look like? How does it start? When is it over? Even cybersecurity experts don’t know the answers to these questions, and it’s dangerous to broadly apply the term “war” unless we know a war is going on.
Yet recent news articles have claimed that China declared cyberwar on Google, that Germany attacked China, and that a group of young hackers declared cyberwar on Australia. (Yes, cyberwar is so easy that even kids can do it.) Clearly we’re not talking about real war here, but a rhetorical war: like the war on terror.
We have a variety of institutions that can defend us when attacked: the police, the military, the Department of Homeland Security, various commercial products and services, and our own personal or corporate lawyers. The legal framework for any particular attack depends on two things: the attacker and the motive. Those are precisely the two things you don’t know when you’re being attacked on the Internet. We saw this on July 4 last year, when U.S. and South Korean websites were attacked by unknown perpetrators from North Korea—or perhaps England. Or was it Florida?
We surely need to improve our cybersecurity. But words have meaning, and metaphors matter. There’s a power struggle going on for control of our nation’s cybersecurity strategy, and the NSA and DoD are winning. If we frame the debate in terms of war, if we accept the military’s expansive cyberspace definition of “war,” we feed our fears.
We reinforce the notion that we’re helpless—what person or organization can defend itself in a war?—and others need to protect us. We invite the military to take over security, and to ignore the limits on power that often get jettisoned during wartime.
If, on the other hand, we use the more measured language of cybercrime, we change the debate. Crime fighting requires both resolve and resources, but it’s done within the context of normal life. We willingly give our police extraordinary powers of investigation and arrest, but we temper these powers with a judicial system and legal protections for citizens.
We need to be prepared for war, and a Cyber Command is just as vital as an Army or a Strategic Air Command. And because kid hackers and cyber-warriors use the same tactics, the defenses we build against crime and espionage will also protect us from more concerted attacks. But we’re not fighting a cyberwar now, and the risks of a cyberwar are no greater than the risks of a ground invasion. We need peacetime cyber-security, administered within the myriad structure of public and private security institutions we already have.
This essay previously appeared on CNN.com.
EDITED TO ADD (7/7): Earlier this month, I participated in a debate: “The Cyberwar Threat has been Grossly Exaggerated.” (Transcript here, video here.) Marc Rotenberg of EPIC and I were for the motion; Mike McConnell and Jonathan Zittrain were against. We lost.
We lost fair and square, for a bunch of reasons—we didn’t present our case very well, Jonathan Zittrain is a way better debater than we were—but basically the vote came down to the definition of “cyberwar.” If you believed in an expansive definition of cyberwar, one that encompassed a lot more types of attacks than traditional war, then you voted against the motion. If you believed in a limited definition of cyberwar, one that is a subset of traditional war, then you voted for it.
This continues to be an important debate.
EDITED TO ADD (7/7): Last month the Senate Homeland Security Committee held hearings on “Protecting Cyberspace as a National Asset: Comprehensive Legislation for the 21st Century.” Unfortunately, the DHS is getting hammered at these hearings, and the NSA is consolidating its power.