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Full-Text Articles in Internet Law
Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman
Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman
University of Miami Inter-American Law Review
To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U.S. …
In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller
In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller
International Law Studies
States currently endorse three different positions concerning the international wrongfulness of cyber operations that penetrate computer systems located on the territory of another state but do not rise to the level of a use of force or prohibited intervention. The first position is that such low-intensity cyber operations are never wrongful, because sovereignty is a principle of international law, not a primary rule that can be independently violated. The second is that low-intensity cyber operations are always wrongful, because sovereignty is a primary rule of international law that is violated by any non-consensual penetration of a computer system located on …
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Vanderbilt Journal of Transnational Law
The current legal vacuum regarding binding international norms regulating malicious conduct in cyberspace has paved the way for the emergence of a unilateral tool: cyber sanctions. They have already been introduced by the United States, the European Union, and the United Kingdom. Notwithstanding their obvious importance, their interrelations with international law- especially international economic law-have remained largely unexplored in academic research. This gap is perplexing given the fact that the existing unilateral cyber sanctions have been formulated in such a way as to be prone to misuse. In particular, they bear a significant potential to disrupt economic relations and undermine …