Ask HN: How does the 2nd amendment apply to cyber warfare?

2 points·maerF0x0··3 comments

For example does one have a right to maintain digital/cyber defenses? Could government encroachment on algorithms (eg forcing backdoors) be considered a violation of 2nd Amendment?

Could someone use a 0day in the pursuit of self defense? eg: disable an attacker's vehicle in a scenario where lethal force would be permissible.

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There have been proposals [1] to create laws allowing counter-hacking, but it is a legal quagmire and I do not imagine anything ever being passed given all the legal risks and potential loopholes. As for constitutional amendments, AFAIK, this assumes that a legal battle even finds its way beyond local courts. Someone would have to fund a battle that would find its way to the supreme court and set legal precedence if none already exist and I am over simplifying this.

[1] - https://www.thedailybeast.com/this-bill-would-allow-hacking-...

The second amendment is a relic of the past; in today's world there is no way a government would intentionally make a law that gives significant power to its citizens against itself, so there is no way the 2nd amendment would be formally "extended" to cover other stuff.

However, breaking laws in a self-defense situation as an alternative to (legal) use of lethal force should result in an acquittal in any common-sense justice system.

It doesn't.

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