Abstract

Abstract : The Sony cyber incident in November 2014 has inspired questions as to the best method of providing cybersecurity in the United States. Specifically, who is best postured to provide cybersecurity and on what parts of the cyber domain should this security be focused? The United States government takes seriously the threat of cyberspace attacks; however, not all cyberspace incidents should result in the initiation of armed conflict. This paper argues the Sony cyber incident should not be considered a cyberspace attack as it relates to the law of war. It then reviews the current role of the Department of Homeland Security with respect to cybersecurity for critical infrastructure and key resources. Next, it will review the authorities for states National Guard units to provide cybersecurity for critical infrastructure and key resources. Finally, this paper discusses how the National Guard is best postured to safeguard the critical infrastructure and key resources within their borders.

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