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Cyber Strategy & Policy: International Law Dimensions, Matthew C. Waxman
Cyber Strategy & Policy: International Law Dimensions, Matthew C. Waxman
Faculty Scholarship
Important international law questions for formulating cyber strategy and policy include whether and when a cyber-attack amounts to an “act of war,” or, more precisely, an “armed attack” triggering a right of self-defense, and how the international legal principle of “sovereignty” could apply to cyber activities. International law in this area is not settled. There is, however, ample room within existing international law to support a strong cyber strategy, including a powerful deterrent. The answers to many international law questions discussed below depend on specific, case-by-case facts, and are likely to be highly contested for a long time to come. …
Tallinn, Hacking, And Customary International Law, Ahmed Ghappour
Tallinn, Hacking, And Customary International Law, Ahmed Ghappour
Faculty Scholarship
Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.
This essay focuses on one area of state practice where states are already dealing with these issues: the use …