Introduction: Do hacktivists have ethics? Some would say yes and others suggest that no, they do not. Are there rules that those who engage in hacking follow or abide by during the conduct of their activities? Does the hacktivist maintain any semblance of actions described under the just war theory? If so, it would seem to be only in jus in bello1 or the just conduct in war, due to the perpetual nature of hacker activities and hacktivist operations. First, what is a hacktivist?2 They are defined as those who through the nonviolent use for political ends of “illegal or legally ambiguous digital tools” like website defacements, information theft, website parodies, denial-of-service attacks, virtual sit-ins, and virtual sabotage.3 This provides the basis for understanding more about where hacktivists’ motivations come from and what kinds of ideologies they may exhibit. Nevertheless, hacktivists must conform to some sort of norm. Based upon the nature of hacktivist activities, there must be a way to categorize or identify their overarching ethic. Understanding the motivation of this group is a huge undertaking because of the great variance and diversity of the people who make up the hacktivist collective.
Unlike cyberterrorists, who typically belong to a hierarchical group structure and have a common cause, hacktivists are not bound in the same way, which makes them more dynamic and difficult to analyze. A prime example is the hacktivist group known as Anonymous and its spinoff group, Lulz Security (LulzSec), who eventually participated in different activities with different motives. The future of cyber warfare will include hacktivists, either as full combatants or as proxies, and understanding the underlying ethics of their activities provides context for decision-making throughout all levels of war. Understanding the ethical construct of hacktivists will assist in leveraging those areas within cyberspace that we can manage, or in small segments dominate, for short periods. The ethical construct of hacktivism will also allow us a better overall sense of “how things are done” within cyberspace, which translates directly into securing vital national security interests across the globe.