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Full-Text Articles in Law
Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell
Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell
Notre Dame Journal of International & Comparative Law
State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule …
Collective Countermeasures In Cyberspace, Jeff Kosseff
Collective Countermeasures In Cyberspace, Jeff Kosseff
Notre Dame Journal of International & Comparative Law
The president of Estonia, Kersti Kaljulaid, has supported the use of collective countermeasures in response to cyberspace crimes. Collective countermeasures would allow an uninjured state to provide guidance or carry out countermeasures on behalf of another state. This Article advocates for collective countermeasures in cyberspace so long as the operations are carefully executed and subject to the same restrictions as individual countermeasures. This Article further finds for the following in favor of limited forms of collective countermeasures: (1) the highly interconnected nature of threats in cyberspace; (2) states with more sophisticated cyber capabilities can leverage for comparative advantages; (3) states …
An Extraterritorial Human Right To Cybersecurity, Ido Kilovaty
An Extraterritorial Human Right To Cybersecurity, Ido Kilovaty
Notre Dame Journal of International & Comparative Law
Cybersecurity breaches have affected consumers and the landscape of politics globally. Legal developments have been reactive and incomprehensive. The fatal flaws of international law make it an ill-suited solution to these concerns because international law binds state actors and does not give individuals rights. International human rights law, however, provides the best solution because it does provide harmed individuals with rights and mechanisms to seek recourse. Cybersecurity relates to several key areas of human rights law and, therefore, its regulation is well suited to the existing international human rights regulatory scheme. This Article explores the possibility of using international human …
Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood
Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood
Notre Dame Journal of International & Comparative Law
Since its utilization has become widespread, the potential of the Internet has often been overshadowed by the harms it’s capable of bringing upon society. Regulation has not yet properly addressed the harms presented to individuals’ cybersecurity and the U.K. has focused and set objectives at a national security level, while ignoring the effects of attacks on individual citizens. This Article considers whether it is possible to create a domestic legal response to transnational cyberattacks and the appropriateness of law to address the threats, as they exist. The law must be efficient, effective, and fair, which are all aims it may …
Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society, Sarah Deagostino
Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society, Sarah Deagostino
Notre Dame Journal of International & Comparative Law
In the United States, net neutrality laws prevented service providers from restricting open access to the Internet. In 2017, these laws were repealed and consumers became concerned that Internet providers would take advantage of them through blocking, throttling, and paid prioritization. The trend in the United States, from the rise of the telephone and wire transfer to the rise of the Internet, was toward facilitating access to the Internet for all citizens. This is intended to result in economic advantages for the country, and aid in the development of broadband Internet. Open access to the Internet was regarded as providing …