United States Cyber Command
Fort Meade, Maryland
The General was upbeat for once. “Pacific Command has activated Long Snap.”
The National Security Advisor was less so. “About damn time. We’ve been holding for over a week now.”
“Regardless, we are ready to proceed.”
“We have authorization from the President, we are ready to go.”
“I need your written authorization.”
“Very well.”
The National Security Advisor opened his secure laptop, connected to SIPRNet and quickly issued the order to activate the weapon. Code-named “Spring Dawn,” the cyber weapon was designed to penetrate and isolate civilian computer networks. Based on the extremely successful Stuxnet attack, Spring Dawn was designed to focus on a specific geographic region or country. Because operation Anaconda had already seized China’s public-facing IP addresses and top-level domains, they would be unable to shift their networks to use alternate or backup sites. The virus would, in effect, shut down every computer system it touched once it was activated.
Twenty years earlier, this would have been a non-event for China or even Russia. However, the rapid modernization of their civilian economy also meant that they were increasingly vulnerable to computer viruses. The USA had feared this type of attack for years and yet was completely unprepared when the Russians finally attacked using social media instead of a virus. This attack by the United States on China would be the largest state-sponsored cyber-attack in history. Just like the use of atomic weapons, the USA would introduce a new form of warfare for which the world was unprepared.
Richard H. Chambers United States Court of Appeals
Pasadena, California
“The application is denied. The court finds that the applicant has no standing.”
“Your honor, I object. It is clearly the mission of ICANN to protect the internet.”
“Objection noted. Denied.”
“Your honor, please. May we have a sidebar?”
“In my chambers.”
The ornate courtroom which the 9th circuit court used when in session in Pasadena was silent as Walter Lemnitky and the US attorney followed the black-robed judge through the side door and left the courtroom.
The judge sighed as he sank into his leather chair behind an impressively large desk.
“Walter, you have been before this court many times. You cannot tell me you don’t know the rules here.”
“Bill, this is different. The United States has made a decision to unilaterally take away the internet from another sovereign country. This cannot be allowed.”
The US attorney stiffened as if to interject but the judge raised a finger. “Hold your fire Tim. We’re just having a friendly chat right now, I don’t think Walter wants to make this official.”
“I don’t?”
“No, you don’t. And here’s why.” The judge steeped his fingers and gathered his thoughts for a moment. “Think this through Walter. You’ve made your case. You lost. You can go back to the trustees at ICANN and say with a straight face that you did your best. However….” He paused. “However, if you continue, the only case you can make is that the United States does not have sovereign authority to conduct foreign policy on the Internet, and you’ll have to do that in front of the Supreme Court. You know that.”
“But this isn’t about foreign policy! This is about the internet rights of millions of Chinese citizens!”
“Walter, be reasonable. Internet access is not a protected constitutional right and you know it. The USA is in the middle of a war and thus, this action is an extension of that war effort. For God’s sake, they forced down a civilian airliner last month! What happens to ICANN if you make this case to the supreme court?”
“We win!”
“No, you lose. And then ICANN ceases to exist. Think about the airliner.”
“But the airliner was a direct result of a valid do not fly order. The international court has upheld that sovereign states can maintain no-fly zones in wartime.” Lemnitky looked genuinely puzzled about why the judge had brought up this incident.
“Yes. Think this through. If you push this case, the Supremes will side with the government. No way they go against the President in a time of war. No way. Then you have case law that says that the USA can do whatever they like on the internet whenever they like. Is that what you want?”
The US Attorney had been looking more and more uncomfortable as the conversation went on. Finally, he spoke up. “Your Honor, my apologies but this conversation is very improper. The court is making recommendations to the claimant!”
The judge looked at the US Attorney with a gaze that carried the full weight of his position as one of the top federal judges in the USA. “Tim, there are times to follow the book and there are times to toss it out the window. The country is at war. This lawsuit is not helping us win this war. The sooner that Walter here realizes this, the better off we all are. If you want to file a complaint, go ahead.”
The judge held the US Attorney’s gaze until finally, he wilted under that fierce glare.