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 _______________________________________________ SkullSpace Discuss Mailing List Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss Archive: https://groups.google.com/group/skullspace-discuss-archive/