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In the future, the United States government can seek to limit the ownershipand usage of cyber weapons. The question is whether the Second Amendment to theUnited States Constitution gives a right to bear and own military-grade cyberweapons, and if so, under which conditions. The framers of the Bill of Rights,ratified in 1791, did not limit the right to bear arms to defined weapons suchas long rifles and pistols, but instead chose the broader word arms. The UnitedStates Supreme Court, in the case District of Columbia v. Heller, upheld ademarcation between dangerous and unusual weapons that are not permissible toown and weapons protected by the Second Amendment. Cyber weapons take the formof dual-use software, often shared and globally distributed that in most casescan be weaponized for harmful purposes. In recent years, major corporationshave sought to hack back, and if the hack back is authorized, the questionbecomes whether corporations have digital gun rights. Even if corporations areconsidered US persons, they do not automatically obtain digital gun rightsbased on the Second Amendment. This article discusses the core constitutionalchallenges for the United States government in prohibiting individual ownershipof cyber weapons and the rationale for why corporations are in a weakerposition regarding ownership of cyber arms. The argument brought forward isthat individuals can claim Second Amendment protection of their right to ownmilitary-grade software tools, but corporations must meet additional criteriato do so.

The Second Amendment and Cyber Weapons - The Constitutional Relevance of Digital Gun Rights