Cyber Attacks And The Exploitable Imperfections Of International Law

Cyber-Attacks and the Exploitable Imperfections of International Law reveals elements of existing jus ad bellum and jus in bello regimes that are unable to accommodate the threats posed by cyber-attacks. It maps out legal gaps, deficiencies, and uncertainties, which international actors may seek to exploit to their political benefit.

This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.

This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.

This book presents a novel framework to reconceptualize Internet governance and better manage cyber attacks. Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

Examining the thematic intersection of law, technology and violence, this book explores cyber attacks against states and current international law on the use of force. The theory of information ethics is used to critique the law’s conception of violence and to develop an informational approach as an alternative way to think about cyber attacks. Cyber attacks against states constitute a new form of violence in the information age, and international law on the use of force is limited in its capacity to regulate them. This book draws on Luciano Floridi’s theory of information ethics to critique the narrow conception of violence embodied in the law and to develop an alternative way to think about cyber attacks, violence, and the state. The author uses three case studies – the 2007 cyber attacks against Estonia, the Stuxnet incident involving Iran that was discovered in 2010, and the cyber attacks used as part of the Russian interference in the 2016 US presidential election – to demonstrate that an informational approach offers a means to reimagine the state as an entity and cyber attacks as a form of violence against it. This interdisciplinary approach will appeal to an international audience of scholars in international law, international relations, security studies, cyber security, and anyone interested in the issues surrounding emerging technologies.

This book revolves around the public international law aspects of the destructive use of cyberspace by state actors and non-state actors, encompassing cyberwar, cyberterrorism, and hacktivism, but excluding cybercrime. For the purpose of delimitation, the book also addresses cyberespionage and political activism in cyberspace. Starting with an overview of the technical background, the book explains the vulnerabilities of critical infrastructure. Then, it outlines notable cyberincidents that have occurred so far and analyzes pertinent state practices and policies. Turning to the legal analysis, the book primarily focuses on the contemporary jus ad bellum and jus in bello, exploring whether concepts like the use of force or self-defense are applicable to cyberattacks, despite their lack of physicality; or whether state responsibility and the principles of international humanitarian law are applicable to cyberspace, in particular in the light of an evident civilianization of battlespace in this area. Furthermore, the book encompasses destructive cyberterrorism and puts this into context with human rights aspects of political activism in cyberspace. The book also looks into jurisdictional pitfalls borne in cyberspace. After a brief summary of the research results, the final chapter is dedicated to providing recommendations to the international community, in order to address cyberthreats in a political process.

Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyses the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.

We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.