No one has admitted taking down North Korea’s Internet. It could have been an act of retaliation by the US government, but it could just as well have been an ordinary DDoS attack. The follow-on attack against Sony PlayStation definitely seems to be the work of hackers unaffiliated with a government.
Not knowing who did what isn’t new. It’s called the “attribution problem,” and it plagues Internet security. But as governments increasingly get involved in cyberspace attacks, it has policy implications as well. Last year, I wrote:
Ordinarily, you could determine who the attacker was by the weaponry. When you saw a tank driving down your street, you knew the military was involved because only the military could afford tanks. Cyberspace is different. In cyberspace, technology is broadly spreading its capability, and everyone is using the same weaponry: hackers, criminals, politically motivated hacktivists, national spies, militaries, even the potential cyberterrorist. They are all exploiting the same vulnerabilities, using the same sort of hacking tools, engaging in the same attack tactics, and leaving the same traces behind. They all eavesdrop or steal data. They all engage in denial-of-service attacks. They all probe cyberdefences and do their best to cover their tracks.
Despite this, knowing the attacker is vitally important. As members of society, we have several different types of organizations that can defend us from an attack. We can call the police or the military. We can call on our national anti-terrorist agency and our corporate lawyers. Or we can defend ourselves with a variety of commercial products and services. Depending on the situation, all of these are reasonable choices.
The legal regime in which any defense operates depends on two things: who is attacking you and why. Unfortunately, when you are being attacked in cyberspace, the two things you often do not know are who is attacking you and why. It is not that everything can be defined as cyberwar; it is that we are increasingly seeing warlike tactics used in broader cyberconflicts. This makes defence and national cyberdefence policy difficult.
In 2007, the Israeli Air Force bombed and destroyed the al-Kibar nuclear facility in Syria. The Syrian government immediately knew who did it, because airplanes are hard to disguise. In 2010, the US and Israel jointly damaged Iran’s Natanz nuclear facility. But this time they used a cyberweapon, Stuxnet, and no one knew who did it until details were leaked years later. China routinely denies its cyberespionage activities. And a 2009 cyberattack against the United States and South Korea was blamed on North Korea even though it may have originated from either London or Miami.
When it’s possible to identify the origins of cyberattacks—like forensic experts were able to do with many of the Chinese attacks against US networks—it’s as a result of months of detailed analysis and investigation. That kind of time frame doesn’t help at the moment of attack, when you have to decide within milliseconds how your network is going to react and within days how your country is going to react. This, in part, explains the relative disarray within the Obama administration over what to do about North Korea. Officials in the US government and international institutions simply don’t have the legal or even the conceptual framework to deal with these types of scenarios.
The blurring of lines between individual actors and national governments has been happening more and more in cyberspace. What has been called the first cyberwar, Russia vs. Estonia in 2007, was partly the work of a 20-year-old ethnic Russian living in Tallinn, and partly the work of a pro-Kremlin youth group associated with the Russian government. Many of the Chinese hackers targeting Western networks seem to be unaffiliated with the Chinese government. And in 2011, the hacker group Anonymous threatened NATO.
It’s a strange future we live in when we can’t tell the difference between random hackers and major governments, or when those same random hackers can credibly threaten international military organizations.
This is why people around the world should care about the Sony hack. In this future, we’re going to see an even greater blurring of traditional lines between police, military, and private actions as technology broadly distributes attack capabilities across a variety of actors. This attribution difficulty is here to stay, at least for the foreseeable future.
If North Korea is responsible for the cyberattack, how is the situation different than a North Korean agent breaking into Sony’s office, photocopying a lot of papers, and making them available to the public? Is Chinese corporate espionage a problem for governments to solve, or should we let corporations defend themselves? Should the National Security Agency defend US corporate networks, or only US military networks? How much should we allow organizations like the NSA to insist that we trust them without proof when they claim to have classified evidence that they don’t want to disclose? How should we react to one government imposing sanctions on another based on this secret evidence? More importantly, when we don’t know who is launching an attack or why, who is in charge of the response and under what legal system should those in charge operate?
We need to figure all of this out. We need national guidelines to determine when the military should get involved and when it’s a police matter, as well as what sorts of proportional responses are available in each instance. We need international agreements defining what counts as cyberwar and what does not. And, most of all right now, we need to tone down all the cyberwar rhetoric. Breaking into the offices of a company and photocopying their paperwork is not an act of war, no matter who did it. Neither is doing the same thing over the Internet. Let’s save the big words for when it matters.
This essay previously appeared on TheAtlantic.com.
Jack Goldsmith responded to this essay.