Posted on Jul 19, 2016
Does the right to bear arms and the inherent right to defend yourself extend to the cyber domain?
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Cyber
2nd Amendment
Self Defense
Rights
Constitution
Posted >1 y ago
Responses: 13
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How bad do you want to find out? Cyber stuff comes under some criminal codes, but are limited in scope. Most stuff that you'd run into has to do with civil complaints in which force is always improper. So there's no "property" in the cloud that's being robbed. There's no imminent physical danger. So the compensation for wrongdoing that can be proved really relates to money and other decrees. Bottom line, you take a look at your state laws on the permissible use of force and you'll see an absence of correlation to the cyber world. Just remember that "silence" means you can't do it.
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CAPT Kevin B.
Lt Col (Join to see) it's nice to see you point out the law. However, you have to also look at the laws related to the proper use of force. For the force to be legal, it has to fit certain criteria, i.e. imminent danger of life, etc. The big problem with cyber stuff, you'd have to choose to grab your heat, go somewhere, and use it. That fits the criteria for felonious assault on your part. It isn't the law or tort claim that's at issue here on the misuse of cyber property. It's the laws related to what you do in response.
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Lt Col (Join to see)
CAPT Kevin B. - Laws and policies must be put into place to face the eventuallty of use or miss use of a technology. Military application of cyber will eventually make its way to the civilian world. Unlike other weapons, cyber weapons cannot be regulated and proliferation will be almost guaranteed. from that perspective, I just want to know your thoughts
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CPT Pedro Meza
Lt Col (Join to see) - Texas still defines property is physical, and nothing on the cyber world, money that is stolen/removed from your account by electronic means is still theft.
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CPT Pedro Meza
Lt Col (Join to see) - Amusing to see that all laws are based on a progressions meaning developed to serve a need, which makes us a progressive society; progressive has many definitions.
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The Right to Bear Arms applies only to persons or property, the cyber domain is a community that extends outside once property, the computer..
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Let's expand this scenario to help.
A person has stolen property and is fleeing the area in their car. You use a weapon that disables the car and cause crash into a tree, killing the thief. Is that weapon illegal to own? Was the weapon used illegally? What if they were firing a gun, when you employed that weapon?
A person has stolen property and is fleeing the area in their car. You use a weapon that disables the car and cause crash into a tree, killing the thief. Is that weapon illegal to own? Was the weapon used illegally? What if they were firing a gun, when you employed that weapon?
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CPT Pedro Meza
What you have described is found in some state laws, where you will not be prosecuted but can still be sued, but if you apply what has been happening recently what happens when the criminal is black and the police have that weapon? There is always a Devil in the details that will have a different consequences.
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SFC Jerry Humphries
I would think as long as any innocent bystanders were not injured or hurt. If they were not firing It would be kinda like the Freddy Grey situation. There would be those trying to fault you but in the end it's not necessary deadly being use but just something that was incidental to that case. In the there would be a huges investigation possibly a trail I do not think just disabling a car would be a considers a use of a disabling device. If they are Firing at you of course any thing you do Can be justified.
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