Cyber Operations and International Law

This book offers a comprehensive overview of the international law applicable to cyber operations.

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Author: François Delerue

Publisher: Cambridge University Press

ISBN: 9781108490276

Category: Law

Page: 549

View: 361

A comprehensive analysis of the international law applicable to cyber operations, including a systematic study of attribution, lawfulness and remedies.

Cyber Operations and the Use of Force in International Law

With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing ...

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Author: Marco Roscini

Publisher: OUP Oxford

ISBN: 9780191652806

Category: Law

Page: 402

View: 852

The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments. The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.

Research Handbook on International Law and Cyberspace

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness.

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Author: Nicholas Tsagourias

Publisher: Edward Elgar Publishing

ISBN: 9781782547396

Category: Law

Page: 560

View: 493

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la

Public International Law of Cyberspace

This book is very accessibly written and is an enlightening read.

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Author: Kriangsak Kittichaisaree

Publisher: Springer

ISBN: 9783319546575

Category: Law

Page: 376

View: 207

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.

Confronting Cyberespionage Under International Law

This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents.

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Author: Oğuz Kaan Pehlivan

Publisher: Routledge

ISBN: 9781351105996

Category: Law

Page: 130

View: 358

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.

Cyber Attacks and International Law on the Use of Force

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.

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Author: Samuli Haataja

Publisher: Routledge

ISBN: 9781351057004

Category: Political Science

Page: 218

View: 995

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.

Tallinn Manual 2 0 on the International Law Applicable to Cyber Operations

The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.

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Author: Michael N. Schmitt

Publisher: Cambridge University Press

ISBN: 9781107177222

Category: Law

Page: 638

View: 632

The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.

State Cyber Operations and International Law

In order for the US strategy to adequately provide security for the nation's economy, infrastructure, and democratic institutions, it must take into account the distinction between the Western and Russian application of international law to ...

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Author: Brandon S. Davis

Publisher:

ISBN: OCLC:1106027033

Category: Computer security

Page: 63

View: 773

Cyber operations for the purpose of furthering state power, wealth, and influence are a relatively recent historical development. State cyber operations have consistently increased in scale, scope, and frequency since the mid-1990s. The trend marks a transition from the use of conventional conflict to the use of cyber operations as a key component to protecting and advancing national interests. The Westphalian international order has provided nation-states with a robust set of laws and norms that govern conventional and nuclear armed conflict. However, cyberspace is an increasingly contested domain with minimal international governance or agreement on its use as nation-states do not uniformly understand and apply international law to cyberspace. The Russian Federation has been actively challenging US cyberspace dominance for the previous decade, reshaping international cyberspace norms. The US must establish and maintain an effective cyberspace strategy that is uniquely suited to Russia’s application of cyber operations. In order for the US strategy to adequately provide security for the nation’s economy, infrastructure, and democratic institutions, it must take into account the distinction between the Western and Russian application of international law to state cyber operations. Russian scholars differ from Western legal scholars in four aspects; 1) Russian scholars differ in their understanding of the relationship between state sovereignty and cyberspace, 2) Russian experts generally do not view the current international framework as a sufficient guiding body for establishing legal norms in cyberspace, 3) Russia’s concept of self-defense in cyberspace changes with the strategic environment, and 4) The country emphasizes “information security” as opposed to “cyber security,” which has impacts on international human rights.

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.

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Author: Yaroslav Radziwill

Publisher: BRILL

ISBN: 9789004298309

Category: Law

Page: 430

View: 500

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.

Cyber War

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.

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Author: Jens David Ohlin

Publisher: OUP Oxford

ISBN: 9780191027000

Category: Law

Page: 360

View: 225

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.