The Right to Keep and Bear Cyber Arms: The 2nd Amendment and CyberWar

There have been several articles floating around about “Cyber Militias”, and though I will probably regret it, I think it is time to talk about cyber weapons and the second amendment.

I’ve seen some interesting video lately, where two armed thugs enter a business and threaten everyone inside. An armed civilian defends himself and everyone inside by drawing his weapon and chasing the perps out of the business with some well aimed shots. But what if your business, that you worked very hard to build with blood, sweat and toil, is targeted by cyber criminals, what can you do?

Well, right now, all you can legally do is contact the authorities. Even if you knew how, you can not take matters into your own hands and counter-hack the attackers. With all the media hype over Stuxnet, cyber war and cyber weapons – should US citizens be legally allowed to own and use these deadly weapons in accordance with their 2nd Amendment rights?

Okay, I am poking fun with the “deadly” thing, as so far no one has been officially killed by a “cyber weapon”. But Joel Harding has some very interesting points in his latest post on cyber militias. If Switzerland stays true to course, and hands out government made cyber code to home guard soldiers, shouldn’t American civilians have access to such weapons also?

Honestly, as the amendment is written and as code is being quantified as a weapon, why shouldn’t Americans be allowed to actively defend themselves against online electronic risks as well as physical threats?

Of course, I can foresee that a single user Denial-of-Service weapon would probably be given out without much ado, but there will probably be a ban on large capacity distributed DoS weapons. And of course their will be a 10 day waiting period on Stuxnet based threats.

Wouldn’t want someone blowing up a couple nuclear power processing plants in Iran just because they had a bad day at the office…

Alright, alright… All kidding aside, should the 2nd amendment apply to cyber weapons – what do you think?