Death Penalty for Hackers who engage in Cyberwar

After talking about the involvement of hackers in cyberwar, I guess it is quite important to mention what exactely could happen to hackers who involve in cyberwarfare. Well, up to now hackers have been charged with lengthy prison sentences in the U.S, but it seems that they could soon face even harsher penalties, to be more precise: death.

According to a group of military law experts, NATO should have the right and legal justification to use military force against hackers who help other countries launch cyberattacks on the U.S. Even though currently international law prohibits attacks on civilians, even in wartime, the report published by those military experts, called Talinn Manual, advises NATO to drop the legal protection of hackers who help another country sabotage the U.S' computer networks. This report therefore creates the first outline of a set of rules to follow in the event of a cyberwar.

To justify the attack on a civilian, even if he is a hacker betraying his own country, the target would have to pose a serious national security threat. His attack would likewise have to threaten the life and health of other civilians.

Even though the Tallinn Manual depicts what should happen to a hacker in the event of a cyberwar, the report does not answer the question of how to trace a cyberattack back to the attacker. Most hackers use a technique known as “spoofing”, in which they route their attacks through computers around the world, to cover their virtual traces. Another problem of the Tallinn Manual is the fact, that it does not clearly define when a hacker becomes a national threat and loses his their national protection.

While some experts agree that the U.S military should have the right to use physical force against hackers who attempted to threaten their country's population, others are troubled by the report and mentioned that it did not reflect the views of NATO countries.

There has not yet been a decision on whether or not the Tallinn Manual would come into force. Another strategy, the Pentagon's first formal cyber strategy that concluded that cyberattacks from another country could be considered an act of war and merited a lethal response, was released in 2011.