It's an interesting scenario and a problematic one. Only nation states can 
technically declare "war" - you, as an individual acting on behalf, or hired by 
a nation-state could result in the sudden and un-announced arrival of a 1000 
Lbs. JDAM, seriously disrupting your Internet connection.

You acting independently will probably be charged with a criminal statute and 
only if the victim complains to the local authority and only if a treaty (like 
the European cyber-crime treaty) is signed by both parties and there exists a 
method of extradition or legal agreement exists to prosecute on behalf of 
another government.

Having said that, the person with the Drones, wins - If you are attacking US 
critical infrastructure as an individual or as a non-state actor, or working 
for a nation state and the US government has an active counter-terrorism 
program (i.e. Drone Mission) the Sky may turn to fire on you. The US does not 
trouble itself so much with the nuances of international law complain all you 
want, your still pretty dead.

Mike is very right-y, right on this subject: It would be best not to poke the 
US in a sensitive spot. Least you find the USS Eisenhower parked off the coast 
of your country. 

Permission for pen-testing is an extremely good idea. 

Ian   

-----Original Message-----
From: discuss-boun...@lists.skullspace.ca 
[mailto:discuss-boun...@lists.skullspace.ca] On Behalf Of Michael Legary
Sent: Friday, March 22, 2013 14:52
To: discuss@lists.skullspace.ca Discuss
Subject: [SkullSpace-Discuss] Duck and Cover response methods for pen testing 
now a requirement

I received this today...

"It's official in case you haven't heard - cyber combatants or hackers who 
engage in activities that might be considered under the rules of war 
(warfare/terrorism, etc..) are legal targets of war, including deadly force. 
Approved by the NATO and the Red cross J
 
So while pen testing stay in the boundaries and if perchance you see a red dot 
on the windows or a green light on the wall - run fast and hard, it might not 
be a laser paint from a drone, but really is it worth the chance?"
 
http://issuu.com/nato_ccd_coe/docs/tallinnmanual?mode=embed&layout=http%3A%2F%2Fskin.issuu.com%2Fv%2Flight%2Flayout.xml&showFlipBtn=true
 
 

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