January 23, 2015

Should We Worry About a Cyber-Princip?

This post resurrects a concept I initially proposed almost three years ago, the idea of borrowing from military/diplomatic history to address current and future cyber/diplomatic challenges, a concept that has seemingly become more mainstream over the last couple of years.

In March of 2012, I blogged about the potential model of the arms control treaties that emerged in and around and after the age of Mutually Assured Destruction (link).  This time around, I’m going yet further back in time, but to reinforce the same idea.

At the turn of the century, 117 years ago, the world’s great powers gathered in The Hague in 1898 to discuss what would be the first true multilateral treaty focused on the conduct of warfare, the laws of war, methods of arbitration, and, interestingly, for the purposes of this post, arms control.

There were any number of reasons for the Conference, depending on your historian of choice, ranging from commercial and political fears that a Golden Age might fall to war, to a growing global pacifist movement, to Czar Nicholas II’s concern that Russia had fallen so far behind militarily that only an arms accord might freeze the gap (Nicholas convened the conference).

Whatever the case, there were not-insignificant numbers of people of influence within the major nation States that responded to the Czar’s call to assemble that were genuinely worried about the pace of development of military technology.  

Indeed, from Napoleon’s war at the turn of the previous century, through the mid-century Crimean and American Civil Wars; from Britain’s colonial conflicts in Africa, to the Franco-Prussian and Spanish-American wars late in the century, it was becoming exceedingly obvious that war was becoming increasingly hellish (although few imagined the technology and mass-army inspired horror and devastation that World War I would bring a mere decade-and-a-half later).

A number of Conventions were agreed when The Hague Conference closed in 1899, ranging from arrangements related to dispute settlement and arbitration, the treatment of prisoners of war, a ban on bombardment of undefended towns, the protection of hospital ships, etc.  More intriguing, perhaps, were the conventions focused on arms control, which were as much about “behavior” as anything else, in terms of managing prospective technological threats. 

To wit, the “Declaration concerning the Prohibition of the Discharge of Projectiles and Explosives from Balloons or by Other New Analogous Methods,” which provided, for a period of five years, in any war between signatory powers, no projectiles or explosives would be launched from balloons, "or by other new methods of a similar nature."

And then there was the “Declaration concerning the Prohibition of the Use of Projectiles with the Sole Object to Spread Asphyxiating Poisonous Gases,” which provided that in any war between signatory powers, the parties would abstain from using projectiles "the sole object of which is the diffusion of asphyxiating or deleterious gases."

As a final example, there was the “Declaration concerning the Prohibition of the Use of Bullets which can Easily Expand or Change their Form inside the Human Body such as Bullets with a Hard Covering which does not Completely Cover the Core, or containing Indentations,” which called for signatories not to use such munitions.

As a historical note, only the U.S. (joined by the UK in terms of the “bombs from balloons” prohibition) failed to ratify these Conventions – but that is not the point of this post).

From our current vantage point and era of inconceivably rapid technological development, it is perhaps naïve, even quaint, to imagine such Conventions, which in effect were intended to somehow “govern” progress.  (In fairness, any modern day perception of naïveté is arguably unfair, given that the Conference attendees were dealing with advanced warfare that was in some cases prospective and unproven, yet all the more fearsome in its strangeness).

Notwithstanding the fact that the second Hague Conference in 1907 was an abysmal failure, and the yet-more-painful fact that some of the 1899 Conventions were tossed aside once WW1 kicked off, the Hague Conference(s) and Conventions and their impetus present an interesting analogy for the not-so-dissimilar situation we face in today’s world when it comes to the militarization of cyberspace.

Without a doubt, today’s powers that be have a pretty solid understanding of the havoc they can (and do) wreak in the realm of cyber, from espionage (pick your favorite Snowden Revelation or Mandiant Report) to disruption (ala Stuxnet).  At the same time, there is growing angst about the über-threat of some sort of “cyber-Pearl Harbor” or “cyber-911” or “cyber-[insert alternative bogeymonster here].”

These are very real concerns about very not-yet-fully-real cyber threats, like enemies shutting down electricity grids, crashing stock markets, crippling critical infrastructure, etc.  Indeed, these are modern-day concerns quite akin to the late 19th century worries about bombs dropped from balloons, or projectiles designed to deliver poison gas, or dum dum bullets in the battlefield (all of which came to pass).

Czar Nicholas’s initiative failed.  But the model is not a bad one, in terms of managing tensions.  The cyber-stage is only getting more crowded, by State and non-State players alike.  To the extent that some of the tension can be defused through multilateral agreement between States, why not go there, and in an accelerated fashion as opposed to what seems a pattern of politically-gamed fits and starts.

If governments can take cyber-Armageddon off the table, then industry can more effectively (hopefully with less nonsensical political interference in what should be – largely - a technical and commercial process) work towards the more pedestrian restoration of trust and confidence in the networks that power our digital lives, and in the integrity of the data that flows through them.

If this is cyber-1899, or anything like it, then let’s get it right this time.  

Let’s work to ratchet down the tension and set the right rules and limits so that if or when some latter day Gavrilo Princip hacks the National Bank of Austria we don’t find ourselves sucked into a global cyber-maelstrom from which we cannot extricate ourselves, a frightening blend of digital and physical devastation unlike anything the world has heretofore witnessed.

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