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Autonomous Cyber Capabilities And The International Law Of Sovereignty And Intervention, Michael N. Schmitt
Autonomous Cyber Capabilities And The International Law Of Sovereignty And Intervention, Michael N. Schmitt
International Law Studies
This article explores the intersection of autonomous cyber capabilities and two primary rules of international law—the respect for the sovereignty of other States and the prohibition on coercive intervention into another State's internal or external affairs. Of all the rules of international law, these are the likeliest to be violated through employment of cyber capabilities, whether autonomous or not. This raises the question of whether a cyber operation that involves autonomous capabilities presents unique issues with respect to the application of the two rules. The article concludes that while there are numerous unsettled issues surrounding their application to cyber operations, …
An International Attribution Mechanism For Hostile Cyber Operations, Yuval Shany, Michael N. Schmitt
An International Attribution Mechanism For Hostile Cyber Operations, Yuval Shany, Michael N. Schmitt
International Law Studies
This article is the result of an international research project organized by the Federmann Cyber Security Research Center at Hebrew University to consider the feasibility of establishing an international attribution mechanism for hostile cyber operations, as well as the usefulness of such a body. The authors observe that, at present, states wielding significant cyber capability have little interest in creating such a mechanism. These states appear to be of the view that they can generate sufficient accountability and deterrence based on their independent technological capacity, access to expertise and to offensive (active defense) cyber tools, political clout, security alliances, and …