Legal Aspects of Computer Self-Defense and Aggressive Self-Defense
Robert W. Clark, Command Judge Advocate, 1st Information Operations Command (ACERT Legal Advisor) U.S. Army

This presentation looks at several scenarios of aggressive self defense. It applies the law to each of the participants in various schemes—to the aggressor and to the defender. We see where simple self defense options could actually result in prosecution to the aggressor; prosecution of the defender; prosecution of both; or, be faulted for screwing up an investigation rendering a prosecution impossible. Many of the legal rationales for aggressive self defense will be discussed from the typical discussion of self defense to the law of nuisance and self help. This presentation seeks to simplify the aspects of aggressive and non-aggressive self defense.

Major Robert Clark is the Command Judge Advocate for the Army’ 1st Information Operations Command. As the sole legal advisor, his primary duty is to advise the Army’s Computer Network Operations Division on all aspect of computer operations and security. This role has him consulting with the DoD Office of General Counsel, NSA, and DoJ Computer Crime and Intellectual Property Section. He lectures at the Army’s Intelligence Law Conference and at the DoD’s Cybercrimes Conference.