Abstract
Compulsory medical inoculations have withstood legal challenges for more than a century. Conditions in cyberspace today are similar to the public health situation in early 1800s America, when vaccinations were sporadic and disease outbreaks were prevalent. Comprehensive and mandatory computer inoculation programs could provide immunity in cyberspace, reduce outbreaks and help protect the critical infrastructure. But would such programs withstand legal challenges? This paper analyzes the legal issues related to government-mandated computer inoculations. It draws on case law related to mandatory medical inoculations and treatment, where the concept of “general welfare” generally overrides individual freedoms. In order to clarify and focus the legal analysis, three scenarios with increasing levels of intrusiveness are discussed. The first scenario involves simple computer inoculations with updates, patches and anti-malware. The second scenario involves, in addition, the introduction of sensors to provide feedback on the health status of computers and attached networks. The third scenario, which is the most intrusive, involves the induction of computers in controlled immunized networks that could support national security objectives during crisis situations.
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