GUÍA DE
CIBERDEFENSAORIENTACIONES PARA EL DISEÑO, PLANEAMIENTO, IMPLANTACIÓN Y DESARROLLO DE UNA CIBERDEFENSA MILITAR
36 187.
Legal framework favors attackers. Cyber attackers can evade national legislation by conducting cyber attacks from compromised networks
located in third countries, while defenders are subject to compliance with the national legislation where the infrastructure is located.
188.
The lack of international and bilateral agreements and the lack of a consensual and binding international legal framework on cyber defense makes it difficult to prosecute cyber attackers.
189.
The defender, inmost cases, cannot make use of
cutting-edge technology, either for reasons of budget constraints
or for technical reasons, since an organization cannot expose its defenses with technologies that have not yet been extensively tested. On the other hand, the attacker may risk using an unproven emerging technology and discard it if it does not produce the desired effects (trial and error).
190.
Defense technologies and tools are often better known to the attacker than attack technologies and tools by a defender, because defense technologies and tools tend to last overtime to payoff the economic investment, while an attacker continually tests new technologies and tools to surprise the defender.
191.
The defense of networks and systems usually requires specially qualified
personnel in many cybersecurity aspects.
On the contrary, in many cyber attacks, a limited group of experts is needed to develop instructions and coordinate the action of a larger group of individuals with little qualification in cyber defense.
192.
The attacker generally knows the
identity of the defender and the defender’s environment organization, system, activity,
functions, location, etc) while the defender usually does not know the attacker.
193.
In the cyber operation planning process, it must betaken into account that the
profitability of an offensive action maybe greater than that of a defensive action, as the saying goes, in some sports an attack is the best form of defense.”