Feral Jundi

Tuesday, June 21, 2011

Letter Of Marque: Inching Closer To A World Of Cyber Privateering

Lately, there has been an increased intensity of hacking attacks on government and business. Of course, government is doing all it can to keep up and stop these hackers. And like the piracy problem on the high seas, hackers in the commons called cyber space are operating with virtual impunity.

To me, there are several areas of weakness that today’s hackers are exploiting. One is the shear enormity of the internet and cyber space, and all the potential targets that a hacker can attack. Like with the pirates of Somalia, hackers have plenty of ocean and are constantly searching for new hunting grounds and weaknesses to exploit.

Their rewards can be immense. Hack into a bank, steal information from a technology firm, or hack a government website and exploit that information. Or they do it because of the ‘lulz’ or the hell of it, just to prove they are the best. Or worse, they attack individuals. (companies or the government has done nothing to protect the little guys– like this blog, from attacks)  And these hackers can do it all from a terminal at some random location in the world.

The other thing at play here is scale. Once folks see for themselves how successful one group or individual is, then others will copy them. They will borrow brilliance and follow a model of operation that works, all to achieve a goal. And like today’s example of piracy, hacking spreads because it is inspired by the success of others and by the rewards of the risk taking.

It also spreads when money or organizational influence comes into play. China or a cartel from Mexico can easily do things to add fire to the world of hacking and cyber warfare. All nations add to scale of such things. Just wait until ‘plomo o plata‘ comes to the world of hacking, and then that is when cyber lances will really become essential.

Which brings me to the point of this post. Because this problem is only growing, there must be measures that equal the size and scale of this global deluge. Legal tools like the LoM must be considered to even the scale between black hat and the company use of white hat hackers. Of course it would be nice if government and it’s law enforcement apparatus could be large enough enough to apply the rule of law to all corners of the cyber universe. But like with today’s modern day scourge of piracy, government cannot be everywhere and at all times.

So here is where I like to take the next step forward.  Companies need the legal authority to effectively combat black hat hackers. That legal authority can and should come in the form of a Letter of Marque and Reprisal.  Or maybe a government can come up with a different title for this license.  But either way, by giving companies the legal authority to do what they need to do to combat the problem, they in essence help to put ‘the armed guards on boats’. (another analogy with today’s piracy problem)

Here is some more food for thought. If the targets of hackers are companies, then is the government the best tool to use to protect all of these companies out there?  Who would have more interest and incentive to protect a company’s infrastructure–a government or the the company itself?  Of course a company would love for someone to do it for free, but the problem here is that there is too much at stake to put the security of a company simply in the hands of a burdensome, bureaucratic and highly inefficient  government organizations. Government does not have the resources to watch over every company, and it does not have the personal motivation to defend a company’s assets to the fullest degree.

Yet again, the piracy analogy works for this example. All of the navies in the world have not stopped piracy, and if anything, the problem has grown. Likewise, the US government was not able to protect Sony, Google or Lockheed Martin from vicious hacking attacks, even though the government has cyber warfare units and tons of agencies tasked with monitoring cyber related activities.

So what is the solution?  I say government should listen to what the companies have to say about how best to help them. The government would also have to re-evaluate what ‘help’ really means, in the context of this problem. If a company says it is legally constrained when trying to defend against black hat hackers, then what is the logical solution?  Do you put the government’s police forces in charge of a company’s security anti-hacking units, or do we license a company to combat this problem?  To me, issuing a license to companies so they can actually compete with these black hat hackers, is the equivalent of putting ‘armed guards on boats’ to defend against Somali Pirates. It makes sense, and it answers the problem of scale.

It also sounds like this is the natural progression anyways?  The new DIB Cyber Pilot program sounds like another step towards empowering companies. With companies like Lockheed Martin, it behooves the government to help them because this company is very much a part of our national security.  So will licensing companies be the next ‘natural progression’ as an answer to this world wide scourge? I know myself, and the Morgan Doctrine blog will be following this stuff, and we will see….-Matt

 

 

Tuesday, May 31, 2011

Military News: Cyber Combat–Act Of War

To supplement my cyber lance post, this news, along with the attacks on L3 and Lockheed Martin or the Stuxnet attack on Iran’s nuclear facilities, all point to how important and dangerous this stuff really is. I will let the article speak for itself.

Also check out the Morgan Doctrine’s opinion about this story. The MD is a blog that promotes the concept of cyber privateers and tracks the world of cyber warfare and crime. –Matt

Cyber Combat: Act of War
MAY 31, 2011
Pentagon Sets Stage for U.S. to Respond to Computer Sabotage With Military Force
By SIOBHAN GORMAN And JULIAN E. BARNES
WASHINGTON—The Pentagon has concluded that computer sabotage coming from another country can constitute an act of war, a finding that for the first time opens the door for the U.S. to respond using traditional military force.
WSJ’s Siobhan Gorman has the exclusive story of the Pentagon classifying cyber attacks by foreign nations acts of war. – News Hub
The Pentagon’s first formal cyber strategy, unclassified portions of which are expected to become public next month, represents an early attempt to grapple with a changing world in which a hacker could pose as significant a threat to U.S. nuclear reactors, subways or pipelines as a hostile country’s military.
In part, the Pentagon intends its plan as a warning to potential adversaries of the consequences of attacking the U.S. in this way. “If you shut down our power grid, maybe we will put a missile down one of your smokestacks,” said a military official.

(more…)

Sunday, May 8, 2011

Letter Of Marque: Jack Hunter Discusses The LoM With Judge Napolitano

Wednesday, May 4, 2011

Industry Talk: Role Of Security Contractors Debated At Hearing

Bravo to Doug Brooks for standing up for the industry at this hearing.  The debate on what is ‘inherently governmental’ continues to rage, and there are those out there that continue to be very forgetful of the sacrifice of today’s private industry and of our contributions to this war and wars past.  Arguably, we are a strategic asset for the simple reason that without contractors, there would have to have been other means of raising an army to deal with the manning requirements of the war.

My message to all the elected officials on that wartime commission panel is that because you did not have the political courage to implement a draft and authorize the raising of a massive military force, that in effect you gave the war planners no other choice. And as long as we continue to have a military composed of individuals that ‘chose’ to serve, meaning they signed a contract and willfully serve the country, then we will always have manning issues. Simply because you either do a really good job of making the military and war fighting appealing to potential recruits, or you lose them to the private sector.  An all volunteer force concept works great during peace time or during the successful periods of a war campaign, but when there are multiple wars and a multitude of chances of dying or getting wounded on the battlefield, the whole military idea becomes less attractive–and especially when you ask a recruit to sign four years of their life away for the war effort.

It is the freedom of choice that we are talking about here. Our leaders do not have the courage to take away that freedom of choice and implement a draft. Because of the legacy of our war in Vietnam, that required a draft to raise an army, is what I am referring to here as the example. The draft is political suicide, and many politicians out there are not willing to implement that tool to raise an army.

They are also not willing to accept the costs of raising such an army.  With contracting, it is easier to bypass the political risk that goes along with increasing troop levels for wars that continue to drag on and on.  With contracting, it can be wrapped up in all sorts of budget deals, and companies can subcontract to get the mission accomplished.

Not to mention the political costs of when a soldier dies, versus when a contractor dies.  I have noted that over 2600 contractors have been killed in this war, and probably more if there was an accurate accounting of all private sacrifices.  That is 2600 less folks that politicians had to answer for with their constituents. Not to mention all the wounded, and all the folks from numerous countries from all around the world that have contributed to the contractor work force. It is a sacrifice that barely registers with the tax paying and voting public.

Then of course there are the politics of war fighting.  At the height of the Iraq war, when everyone was wanting to pull out and give up, it was contractors that were able to step up and fill in the necessary man power requirements while congress tried to figure out what they wanted to do. And also, that surge of military force could more focus on combat operations as opposed to kitchen duty or guard duty at some camp.  That is a huge strategic asset for a war planner, because if he could not depend on contractors for that support, then they would have had to go to congress and ask for even more troops.

Probably one of the most significant contributions in this war, is the legion of contracted interpreters. Without them, our US troops would be nowhere with this war in Iraq or Afghanistan. These contractors are also on the front lines, participating in the offense and defense by default. They are also dying and getting wounded right there with the US troops and coalition partners.  Oh, and without contracted interpreters, we would have never have gotten as far as we had with the hunt for Usama Bin Laden.  Someone had to interpret the Arabic or Pashtun materials and statements over the years, and yet no one mentioned in the hearings as to how important their contribution has been?

Even the surge in Afghanistan couldn’t happen with out the support of contractors, and war planners know it.  But just imagine if war planners had to go to congress and instead of asking for 50,000 extra troops, they had to ask for 100,000 or 200,000?  The sticker shock for 50,000 troops would freak out congress, and just imagine if they had to ask for twice or three times that? That is why contractors are a strategic asset. I also imagine that the war would have definitely turned out differently without this highly flexible and scalable work force and strategic asset called contractors.

Finally, there is the precedence that continues to be forgotten by all the experts that speak to congress about what is inherently governmental.  In the constitution there is proof positive of the US government’s use of a private offense industry during times of war in the form of Article 1, Section 8, Paragraph 11 (or the Letter of Marque and Reprisal). We used privateers for offensive operations against our enemies, and it wasn’t a one time deal either. We heavily used privateers in both the Revolutionary War and War of 1812, and back then they were a strategic asset of those wars. That is what we used to go up against the world’s best navy at the time called the British Royal Navy.  It was also the most cost effective use of private force for war time that I can think of.

Privateers were a part of the US government’s early use of ‘offense industry’ to not only destroy it’s enemies, but to also profit from the destruction of an enemy.  It was also a way of raising man power at sea in a very rapid and scalable way, and involving the innovations and enterprising ways of private industry during times of war. Did I mention that congress issued 1700 Letters of Marque during the War of 1812 and that our country’s founding father Thomas Jefferson was a huge supporter of the concept?  And yet this precedence continues to be conveniently forgotten and cast aside as insignificant at these hearings.

One final thing.  There are examples of private industry being used in modern times as well, that would certainly helped to define what is ‘inherently governmental’. The awarding of the Medal of Honor to a civilian contractor named William Cody during the Indian Wars is significant to this discussion.  The US allowing Claire Chennault and his Flying Tigers to conduct offensive operations for another country for the destruction of a mutual enemy, is another example of what I am talking about. The US endorsing the private volunteers that went to Israel to support their wars and raise their army and navy was significant. Even the issuing of a license by the Department of State to MPRI for giving key strategic guidance to the Croatians during the Balkan conflict would be considered a precedence as to what is ‘inherently governmental’.

Perhaps instead of dwelling on trying to erase or re-invent history with this ‘inherently governmental’ debate, we should instead invent a new definition as to what the defense of national security is?  Because from where I stand, contractors have been extremely important to national security and to this country’s survival over the years, and yet folks are still wanting to destroy this strategic asset or weaken it. To me, all things must be considered during times of war, to include all and any means of using private industry. We had a good fix on that in the past, and yet with all of our modernity and current technologies, we are still incredibly ignorant and naive as to what kind of asset private industry can be during times of war. That is my thoughts on the matter. –Matt

Role of security contractors debated at hearing
By SARAH CHACKO
May 2, 2011
Contractor groups are taking issue with a commission’s recommendation to restrict the government’s use of private security workers.
“You don’t need James Bond to guard a gate,” Doug Brooks, president of the International Stability Operations Association, said during a Commission on Wartime Contracting meeting. “You need somebody who’s professional and disciplined and following the rules.”
The commission recommended in its February interim report to Congress that agencies should provide their own personnel for security operations.
Agencies are being forced to use contractors because of limited resources, commissioners said during Monday’s open comment session. (more…)

Sunday, April 24, 2011

Letter Of Marque: Rhode Island Governor Chafee Issues Ceremonial LoM To Privateer Re-enactors, Despite Article 1, Section 10 Of The US Constitution

Mr. Dorman explained, “Historically this document would separate a legitimate privateer from an outright pirate.” Letters of Marque were issued frequently during colonial times and through the American Revolution as a way to help protect shipping and give naval support. The organization’s ceremonial commission is the first to be signed in Rhode Island since Governor William Jones issued letters of marque during the War of 1812.

Now this is cool. This historical re-enactor group is trying to draw attention to their state’s history with privateering, and they actually got the governor of the state to issue a ceremonial Letter of Marque (see below).

I guess you could also call this a ‘ceremonial violation’ of Article 1, Section 10 of the US Constitution? lol Hopefully no one has a fit about the whole thing… The best part though is the recognition of this concept and importance to US history, by a state’s governor! –Matt


Ahoy! RI ‘pirates’ get governor’s commission
April 12, 2011
PROVIDENCE, R.I.—Shiver me timbers! A group of “pirates” has been granted a commission by the governor of Rhode Island.
The group of about 20 pirate re-enactors, called the Rhode Island Pirate Players, was granted a ceremonial so-called Letter of Marque (MARK’) by Chafee this week. The letter authorizes the group to “arm, furnish and equip themselves” to educate the public about the state’s pirate and privateer history. It also requests that captains who meet them at sea not give them any trouble.
The group’s founder and leader Casey C. Dorman says he asked Chafee’s office for the letter as a way to raise awareness. Rhode Island was once a haven for pirates, and Dorman says it’s one of the most interesting chapters in state history.
Story here.
—————————————————————-
The Rhode Island Pirate Players Receive Letter of Marque
PROVIDENCE , April 12 /–The Rhode Island Pirate Players today announced that they have received a Letter of Marque, also known as a Privateering Commission, from Governor Lincoln Chafee.
“We are very excited that Governor Chafee wants to help us in our mission to educate the public about the often overlooked history of pirate and privateer activity in the state,” Casey C. Dorman, Founder and CEO of the Rhode Island Pirate Players stated. The Rhode Island Pirate Players approached the governor in the hope that formal recognition would help bring awareness to their educational mission.
Mr. Dorman explained, “Historically this document would separate a legitimate privateer from an outright pirate.” Letters of Marque were issued frequently during colonial times and through the American Revolution as a way to help protect shipping and give naval support. The organization’s ceremonial commission is the first to be signed in Rhode Island since Governor William Jones issued letters of marque during the War of 1812.
About The Rhode Island Pirate Players
The Rhode Island Pirate Players are a living history organization dedicated to educating the public about Rhode Island ’s pirate and privateer history. They are available for educational presentations, living history events, as well as film and more. The RIPP also has a walking tour operating in Newport through the summer called Dead Men’s Tales. The Rhode Island Pirate Players are willing to travel, and have performed throughout New England, and as far south as the Carolinas .
Link to website here.
—————————————————————
Article 1 – The Legislative Branch

Section 10 – Powers Prohibited of States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

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