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AN ASSESSMENT OFINTERNATIONAL LEGAL ISSUESININFORMATION OPERATIONS
MAY 1999Department of DefenseOffice of General Counsel
 
ACKNOWLEDGEMENT
This assessment of international legal issues in informationoperations reflects the combined efforts of a superb team of Departmentof Defense lawyers. It could not have been produced without thecontributions of representatives of the General Counsels of the Army,Navy, Air Force, the National Security Agency and the DefenseInformation Systems Agency, as well as the Judge Advocates General ofthe military services and the Legal Counsel to the Chairman of the JointChiefs of Staff. Their insight, wisdom and persistence have not only beenof great value but have reflected exceeding well on themselves and theiroffices. The principal draftsman, Phillip A. Johnson (Colonel USAF,Retired), is owed a note of special appreciation; his scholarship anddedication were truly extraordinary.
 
iTABLE OF CONTENTSI.INTRODUCTION 5A. Sources and Application of International Law 5B. Essentials of Treaty Law 7C. New Legal Challenges Presented by Information Operations 8II.THE LAW OF WAR 9A. Essentials of the Law of War 9B. Application to Information Operations10C. Assessment14III.INTERNATIONAL LEGAL REGULATION OF THE USE OFFORCE IN “PEACETIME”15A. International Law Concerning the Use of Force among Nations15B. Acts not Amounting to the Use of Force19C. Application to Computer Network Attacks20D. An “Active Defense” against Computer Network Attacks22E. Assessment27IV.SPACE LAW28A. Introduction28B. Space Law Treaties28C. Specific Prohibitions of Military Activities in Space30D. Domestic Law and Policy31E. International Efforts to Control “Weaponization of Space”32F. Assessment33V.COMMUNICATIONS LAW34A. International Communications Law34B. Domestic Communications Law36C. Assessment36
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