At War, In Secret

According to senior officials inside and outside the national security establishment, the Nation is at war in cyberspace.

This war, like many things in cyberspace, confounds traditional boundaries. It is occurring in part on U.S. soil, where many of the attacked public and private sector computers are located. While some attacks are coming from foreign powers, others are from terrorist groups, and still others come from organized crime. Often the identity and intent of the attackers is unclear.

As Samuel Adams said in 1768, “Even when there is a necessity of military power, within the land . . . a wise and prudent people will always have a watchful & jealous eye over it.” Indeed, it is longstanding policy in this country that the military not be used to enforce the law on U.S. soil, except in major emergencies. This division between national security and civilian law enforcement activities is maintained in electronic surveillance as well. It colors the current FISA extension debate.

Few observers believe these divisions work in cyberspace. Yet there is no clear vision of how to proceed while guarding the underlying principles. For that reason, this matter deserves a considered public conversation. While a national cyber security initiative is necessary and timely, the secrecy surrounding the Administration’s program does not serve the Nation's long term interest.

Former Defense Secretary Robert McNamara said, speaking of Vietnam, "We failed to draw Congress and the American people into a full and frank discussion and debate of the pros and cons of a large-scale military involvement . . . before we initiated the action." We still have the opportunity to avoid that mistake in cyberspace.