This essay steps back from the more detailed regulatory discussions in other contributions to this roundtable on “Competing Visions for Cyberspace” and highlights three broad issues that raise ethical concerns about our activity online. First, the commodification of people—their identities, their data, their privacy—that lies at the heart of business models of many of the largest information and communication technologies companies risks instrumentalizing human beings. Second, concentrations of wealth and market power online may be contributing to economic inequalities and other (...) forms of domination. Third, long-standing tensions between the security of states and the human security of people in those states have not been at all resolved online and deserve attention. (shrink)

Limited strikes are arguably different from war insofar as they are more circumscribed, less destructive, and cost less in blood and treasure to employ. However, what they can achieve is also considerably more circumscribed than what is set out by the goals of war. How do we morally evaluate limited strikes? As part of the roundtable, “The Ethics of Limited Strikes,” this essay argues that we need to turn to the ethics of limited of force, orjus ad vim, to do (...) so. Two moral assumptions that are the keystone tojus ad vimcan shed light on the moral imperatives and ethical dilemmas of undertaking limited strikes. First, such strikes should be seen as an alternative to war, and not part of thejus ad bellumlast resort process. What I call the “Rubicon assessment” determines at what level force should be used: at the level of war, with all its costs and unpredictability, or at that of the more predictable and less costly limited force. Second, limited strikes should adhere to a “presumption against escalation”; that is, a moral commitment not to escalate to war. This essay highlights these moral principles in five different limited strike scenarios: “hot pursuit,” “red line,” “the last straw,” “the point of no return,” and “the right of retaliation.” The conclusion explores the notion of justice after limited strikes, or what I calljus post vim, to show that while what can be accomplished by limited strikes is inherently constrained, they can, if used morally and in tune with diplomacy, be of service in the quest for peace. (shrink)

In the preface of the 2006 edition ofJust and Unjust Wars, Michael Walzer makes an important distinction between, on the one hand, “measures short of war,” such as imposing no-fly zones, pinpoint air/missile strikes, and CIA operations, and on the other, “actual warfare,” typified by a ground invasion or a large-scale bombing campaign. Even if the former are, technically speaking, acts of war according to international law, he proffers that “it is common sense to recognize that they are very different (...) from war.” While they all involve “the use of force,” Walzer distinguishes between the level of force used: the former, being more limited in scope, lack the “unpredictable and often catastrophic consequences” of a “full-scale attack.” Walzer calls the ethical framework governing these measuresjus ad vim, and he applies it to state-sponsored uses of force against both state and nonstate actors outside a state's territory that fall short of the quantum and duration associated with traditional warfare. Compared to acts of war,jus ad vimactions present diminished risk to one's own troops, have a destructive outcome that is more predictable and smaller in scale, severely curtail the risk of civilian casualties, and entail a lower economic and military burden. These factors makejus ad vimactions nominally easier for statesmen to justify compared to conventional warfare, though this does not necessarily mean these actions are morally legitimate or that they do not have potentially nefarious consequences. (shrink)