Unilateral remedies to cyber operations : self-defence, countermeasures, necessity, and the question of attribution / Henning Lahmann, Digital Society Institute, ESMT Berlin.
Based on the author's thesis (doctoral - Universitat Potsdam, 2017) issued under title: Acts without actors : the problem of attribution an unilateral remedies in cyberspace : protection and enforcement. Includes bibliographical references and index.
Contents:
The spectre of cyberwar -- Terminology -- International legal framework -- Self-defence -- Countermeasures -- Necessity -- Transnational cybersecurity, unilateral remedies, and the rule of law -- "Such incidents might recur at any time" : the intervention convention -- Possible elements of the cyber emergency regime -- Concluding remarks
Summary:
"With the frequency of widely reported malicious cyber operations carried out by states steadily increasing, more and more policymakers and scholars have started deliberating how states should be allowed to, respond when their critical infrastructures or other legally protected interests fall victim to a significant cybersecurity incident triggered by an adversarial actor's conduct. Focusing on 'active cyber defences' such as 'hacking back' and other unilateral remedies, ranging from publicly calling out another state for having engaged in malicious cyber conduct to imposing sanctions, the book closely examines three unilateral remedies found in customary international law that a targeted state may invoke in order to justify its response: self-defence, countermeasures, and necessity. Taking into account the pervasive problem of attributing cyber operations to the responsible actor in a reliable and above all timely manner, the study seeks to unfold the principal legal challenges that states face when applying rules of current international law to questions of transnational cybersecurity. The book concludes with some principled suggestions for future norm development for cyberspace"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.