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Cyber Operations and the 2009 Defence White Paper:
Positioning the Australian Defence Organisation to Be Effective, Transparent and Lawful
Author: Chris Hanna
Volume 5, Number 4 (Summer 2009), pp. 103-117.
Abstract
The Defence White Paper 2009 included important initiatives in Defence's approach to cyberspace. This article scrutinises Australian cyberspace operations as laid out in the White Paper, with a particular focus on policy towards cyber operations and the applicable legal regimes. It argues that Australia requires a cyber warfare capability, not just a cyber security capability. Furthermore, it suggests that Australia must genuinely enter the public debate on cyber warfare. Australia must review its domestic laws to ensure that any prospective cyber operations, particularly those going beyond passive defence, fit within the scope of the relevant agency's functions and that its personnel are provided with appropriate legal protection. The article proposes that Australia should allocate its cyber warfare capability to a distinctly Australian Defence Force element and recommends that Australia develop a philosophy on the application of the international laws of armed conflict to cyber warfare.
About the Author
Chris Hanna is studying for his Master of Arts at the Centre for Defence and Strategic Studies, Australian Defence College. A lawyer by training, he holds the rank of Group Captain in the Royal Australian Air Force. The views expressed in this article are those of the author alone. chrishanna@hotmail.com.
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