The Times Australia
The Times World News

.
The Times Real Estate

.

Ukraine is recruiting an 'IT army' of cyber warriors. Here's how Australia could make it legal to join

  • Written by Dan Jerker B. Svantesson, Professor, Bond University
Ukraine is recruiting an 'IT army' of cyber warriors. Here's how Australia could make it legal to join

In response to the Russian cyber attacks[1] that have accompanied its invasion of Ukraine, the Ukrainian government has begun recruiting what it calls an “IT army[2]”.

Perhaps a more accurate term would be a “cyber militia”, given it will consist of civilian volunteers. In any case, it aims to repel Russian hackers’ attacks, and launching cyber counterstrikes of its own.

Ukrainian Vice Prime Minister Mykhailo Fedorov, who is also the country’s digital transformation minister, has called[3] “digital talents” to join the resistance effort.

Reports suggest[4] more than 275,000 volunteers from around the world have already answered the call, although verifying an exact figure is impossible at the moment.

A will to help – but are we allowed?

Russia’s war on Ukraine is half a world away from Australia. But many Australians recognise the importance of helping Ukraine, on both humanitarian grounds and because of the wider geopolitical ramifications.

While countries such as the United Kingdom[5], Canada[6] and Denmark[7] have opened the door for their citizens to enlist in Ukraine’s international territorial defence legion, the Canberra government has so far advised Australians not to do so[8].

But in an interconnected world, volunteers who are unwilling or unable to physically help Ukraine could potentially join its cyber militia.

However, there’s one snag as far as Australians are concerned: Australia’s criminal law makes it illegal to engage in many of the activities that might be required of members of a foreign-organised cyber militia. Put simply, “hacking” is a crime.

Read more: Russia is using an onslaught of cyber attacks to undermine Ukraine's defence capabilities[9]

A proposed ‘cyber militia bill’

The Australian government has not publicly expressed a view on whether Australians should be barred outright from joining Ukraine’s cyber fight.

One way the government could address this would be to introduce specific legislation aimed at creating legal safeguards for genuine members of a foreign state-run cyber militia, within a narrowly defined set of circumstances.

Such people would need protection from being held to have violated the hacking-related provisions of Australia’s criminal law. And they would also need legal safeguards against civil liability and against being extradited.

This protection should apply unless the person has acted in violation of international law.

Of course, such legislation would need to be carefully designed, and its implications rigorously considered.

Policing the cyber army

One problem with cyber attacks is the issue of attribution. It can be hard to identify who is responsible for the attack with the level of confidence required under international law. This means cyber attackers often have a crucial advantage over those seeking to defend against them.

“Non-state actors” such as hacker groups might be willing to attack targets that are off-limits for state agents, such as hospitals or other civilian infrastructure. This can cause conflicts to escalate dangerously.

Consequently, it is vital that any proposed legal protection for cyber combatants would be conditional on governmental oversight. In my proposal, this is achieved by the involvement of both the Australian government and that of the foreign power in direct control over the cyber militia.

More specifically, this means the Australian government should have the discretion to designate that a specific country’s cyber militia (and not those of other countries) as being governed by the new rules.

I suggest the government should consider exercising that discretion where:

  1. a foreign state has established the cyber militia;
  2. that foreign state has invited foreigners to join its cyber militia; and
  3. that foreign state is under armed attack by another state.

Only members of such a designated cyber militia would be protected. That ensures Australia can prescribe the situations in which it deems it acceptable for Australian citizens to engage in cyber warfare as part of a foreign cyber militia.

Further to this, participants should only enjoy legal safeguards where they have acted on specific orders issued by the foreign state in control of the militia. This is the second method of ensuring state control, and in the current situation, that control would be exercised by the Ukraine.

Another important question is how to strike a balance between offensive and defensive activities. To minimise the risk of Australia being seen to violate international law, I propose that only “defensive activities” - such as measures safeguarding vital computer systems in Ukraine - would be legalised for Australian members of a foreign cyber militia, and these “defensive activities” should be defined very carefully.

A necessary step, but not the only one

Clearly, this proposal is a response to the current invasion of Ukraine, and the Russian cyber aggression that has accompanied it. But given future wars are also likely to be fought in cyber space, this proposal will also be more broadly relevant.

Sooner or later, Australia will have to reckon with the prospect of significant numbers of citizens becoming involved in foreign cyber warfare. And there’s truly no time like the present.

Read more: Fake viral footage is spreading alongside the real horror in Ukraine. Here are 5 ways to spot it[10]

A version of my proposal could usefully be adopted by any nation that wants to support the defence of Ukraine. But in the meantime, there are still things concerned Australians can do to help the Ukrainians.

Donations to carefully selected organisations is one option, but social media abounds with other possibilities too. One creative option is to counter Russian disinformation by posting verified information about the atrocities on any Russian site that allows user posts – such as restaurant reviews, for example. Such posts are very likely to be removed, but if posted in sufficient numbers they may reach some of the Russian people.

References

  1. ^ cyber attacks (theconversation.com)
  2. ^ IT army (www.zdnet.com)
  3. ^ called (twitter.com)
  4. ^ Reports suggest (ncfacanada.org)
  5. ^ United Kingdom (www.theguardian.com)
  6. ^ Canada (www.washingtonpost.com)
  7. ^ Denmark (www.washingtonpost.com)
  8. ^ advised Australians not to do so (www.news.com.au)
  9. ^ Russia is using an onslaught of cyber attacks to undermine Ukraine's defence capabilities (theconversation.com)
  10. ^ Fake viral footage is spreading alongside the real horror in Ukraine. Here are 5 ways to spot it (theconversation.com)

Read more https://theconversation.com/ukraine-is-recruiting-an-it-army-of-cyber-warriors-heres-how-australia-could-make-it-legal-to-join-178414

The Times Features

Why Regional Small Businesses in Bendigo Deserve Better Access to Finance in 2025

In the heart of regional Victoria, Bendigo has long stood as a beacon of innovation, resilience and community spirit. As we step further into 2025, the importance of nurturing sm...

Is It Time for a Deep Cleaning? Signs You Shouldn’t Ignore

Most people know they should visit the dentist for a regular check-up and cleaning every six months. But sometimes, a standard cleaning isn’t enough. When plaque and tartar build...

The Hidden Meaning Behind Popular Engagement Ring Cuts

When it comes to engagement rings, the cut of the diamond is not just about aesthetics. Each shape carries its own symbolism and significance, making it an important decision for...

Annual Health Exams in the Office: How They Can Reduce Sick Days and Healthcare Costs

Regular health check-ups, especially annual health exams in the office, can significantly impact the overall well-being of your workforce. A proactive approach to employee health...

Best Deals on Home Furniture Online

Key Highlights Discover the best deals on high-quality outdoor furniture online. Transform your outdoor space into a stylish and comfortable oasis. Explore a wide range of d...

Discover the Best Women's Jumpers for Every Season

Key Highlights Explore lightweight jumpers for spring and summer, ensuring breathability and ease. Wrap up warm with cozy wool jumpers for the chilly autumn and winter season...

Times Magazine

The Essential Guide to Transforming Office Spaces for Maximum Efficiency

Why Office Fitouts MatterA well-designed office can make all the difference in productivity, employee satisfaction, and client impressions. Businesses of all sizes are investing in updated office spaces to create environments that foster collaborat...

The A/B Testing Revolution: How AI Optimized Landing Pages Without Human Input

A/B testing was always integral to the web-based marketing world. Was there a button that converted better? Marketing could pit one against the other and see which option worked better. This was always through human observation, and over time, as d...

Using Countdown Timers in Email: Do They Really Increase Conversions?

In a world that's always on, where marketers are attempting to entice a subscriber and get them to convert on the same screen with one email, the power of urgency is sometimes the essential element needed. One of the most popular ways to create urg...

Types of Software Consultants

In today's technology-driven world, businesses often seek the expertise of software consultants to navigate complex software needs. There are several types of software consultants, including solution architects, project managers, and user experienc...

CWU Assistive Tech Hub is Changing Lives: Win a Free Rollator Walker This Easter!

🌟 Mobility. Independence. Community. All in One. This Easter, the CWU Assistive Tech Hub is pleased to support the Banyule community by giving away a rollator walker. The giveaway will take place during the Macleod Village Easter Egg Hunt & Ma...

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

LayBy Shopping