Friday, December 18, 2020

Self-Delusion on the Russia Hack - The Dispatch

The U.S. government has no principled basis to complain about the Russia hack, much less retaliate for it with military means, since the U.S. government hacks foreign government networks on a huge scale every day. 
Self-Delusion on the Russia Hack - The Dispatch
By Jack Goldsmith (Harvard Law School)

As the news about Russia’s broad digital espionage operation against the U.S. Defense, Treasury, and Commerce Departments, nuclear laboratories, and other governmental systems grows more ominous, prominent voices are calling for a vigorous response. “[A]ll elements of national power,” including military power, “must be placed on the table,” proclaimed Thomas Bossert, the former senior cybersecurity adviser in the Trump administration, in a New York Times op-ed. The United States must “reserve [its] right to unilateral self-defense,” and “allies must be rallied to the cause” since such coalitions will be “important to punishing Russia and navigating this crisis without uncontrolled escalation.” Sen. Richard Durbin had a similar but pithier assessment: “This is virtually a declaration of war by Russia on the United States.” 

 The lack of self-awareness in these and similar reactions to the Russia breach is astounding. The U.S. government has no principled basis to complain about the Russia hack, much less retaliate for it with military means, since the U.S. government hacks foreign government networks on a huge scale every day. Indeed, a military response to the Russian hack would violate international law. The United States does have options, but none are terribly attractive.  

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