Kurt Sanger on Cyber Conflict and the Law
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 2 December 2022
⏱️ 45 minutes
🧾️ Download transcript
Summary
U.S. Cyber Command was established on May 21, 2010, and is the second youngest unified combatant command after U.S. Space Command in the United States. As explained in the Command history, U.S. Cyber Command operates globally in real time against determined and capable adversaries. Lawyers who work in the Office of the Staff Judge Advocate at Cyber Command provide legal advice on a range of issues, including the legality of offensive cyber operations.
Lawfare senior editor Stephanie Pell sat down with Kurt Sanger, a recently retired Cyber Command lawyer, to discuss the kind of work he did and issues he addressed at U.S. Cyber Command. They talked about why the application of international law can be challenging in the cyber domain, some of the most vexing international legal issues with respect to offensive cyber operations, and some legal issues he is observing in the context of the current armed conflict between Russia and Ukraine.
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Transcript
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| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | To say it very simply, if it looks like a kinetic activity, |
| 0:37.0 | and it has the effects of a kinetic activity, |
| 0:39.0 | we will treat it as if it was a kinetic activity. |
| 0:42.0 | So if you destroy something through cyber space, |
| 0:46.0 | meaning there is physical destruction, |
| 0:48.0 | that will definitely be treated as if it's an armed attack. |
| 0:53.0 | And I think most nations would do likewise. |
| 0:57.0 | The more vexing question is when something is destroyed or made inoperable, |
| 1:02.0 | without that element of physical destruction. |
| 1:06.0 | I'm Stephanie Pell, and this is the LawFair podcast December 2, 2022. |
| 1:12.0 | US Cyber Command was established on May 21, 2010, |
| 1:16.0 | and is the second youngest unified combatant command |
| 1:20.0 | after US Space Command in the United States. |
| 1:24.0 | As explained in the command history, US Cyber Command operates globally |
| 1:29.0 | in real time against determined and capable adversaries. |
| 1:34.0 | Lawyers who work in the office of the Staff Judge Advocate at Cyber Command |
... |
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