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NEWS | April 21, 2016

Military Lawyers Help Cyber Warriors Navigate the 21st Century Battlefield

By Lt. Col. Gregory Majewski 335th Signal Command (Theater)

CAMP ATTERBURY, Ind. (April 20, 2016) - The 21st century cyber battlefield continues to rapidly evolve as more military and government agencies partner up to combat potential threats, but these emerging alliances do present a new set of challenges, which requires assistance from an unlikely source, a lawyer.

Thirty Army National Guard and Army Reserve attorneys from across the country recently gathered here for Cyber Shield 2016 to assist cyber warriors in identifying and avoiding potential legal pitfalls in an effort to protect the nation from cyber-attacks.

Military lawyers understand the minefields of navigating cyber law as they differ from state to state and compared to federal law. National Guard units operate under state law while those in the Army Reserve work under federal law.

U.S. Army Reserve Col. Adam Siegler, the Staff Judge Advocate for the 335th Signal Command (Theater), East Point, Georgia, said cyber exercises like Cyber Shield not only play a vital role for military attorneys but for cyber operators as well. 

"All these lawyers have tremendous experience in various aspects of the cyber world and the legal world," said Siegler. "What we are doing here is collecting that wisdom, organizing it, uploading it, and sharing it so cyber warriors everywhere can have the benefit of legal thinking as it relates to cyber operations.”

Integrating military law into Cyber Shield 2016 epitomizes the prominence legal teams have in defense of the cyber landscape; this is the first time lawyers have been incorporated into this exercise. The specialized legal training offered here allows military lawyers the chance to learn the intricacies of cyber law hosted by the SANS Institute, which is the largest source for information security training and certification in the world.

According to Siegler, the labyrinth of legal traps can cause significant potential problems for cyber defenders and it is these roadblocks instructors are hoping attorneys will learn to avoid.


"Cyber warriors need to recognize that the cyber battlefield is going to be one of the most legal intensive battlefields we have ever seen," said Siegler.  "Issues relating to the authority pursuant for which they are acting at both the state and the federal, issues relating to law enforcement, issues relating to computer privacy and security of those systems, all of those things need to be vetted through the legal system otherwise we can find we have created more harm than what we are trying to protect by acting illegally."

Cyber Shield 2016 also provides these lawyers the opportunity to share experiences as well as build relationships for the future if a possible cyber-attack requires the expertise of the legal system. 

Benjamin Wright, a Dallas lawyer and a cyber law instructor from the SANS Institute, said his objective was to keep the group talking and learning.

“This is not a lecture, this is a very dynamic conversation amongst professionals and we have many knowledgeable people here who are talking to one another trying to identify issues and come up with practical solutions,” said Wright.

Army National Guard Maj. Vern Perez, the Staff Judge Advocate at Joint Task Force Headquarters in Guam, said Cyber Shield 2016 has given him a much better appreciation for all things cyber.

"I am kind of new to cyber law," said Perez, who is also a Superior Court judge in Guam. “Because of this training we will be less stymied and more prepared to react and defend against an inevitable attack on our interests."

The Army National Guard exercise does provide a unique opportunity for military lawyers in the Army Reserve.  It allows them to learn some of the challenges their state counterparts face as it relates to cyber law.

U.S. Army Reserve Capt. Joan Jordan, Trial Counsel at the 335th SC(T) in East Point, Georgia, said "I am learning the National Guard side of how the laws are different on their end depending on their state and how we may be able to render assistance in an emergency situation." 

Cyber Shield is a National Guard cyber exercise designed to develop and train cyber-capable forces through interagency partnerships and collaboration. This year's exercise involves more than 900 soldiers, airmen, Marines, industry partners, and state or federal agencies from 47 states and territories.