Harmful, malicious and hostile cyber activities against international institutions, entire populations and vulnerable groups are appalling, regardless of whether they are committed by state or non-state actors. It is time to talk restraint when it comes to cyberattacks and information operations targeting international organisations and personal data. The compromise of personal data and confidential information on the servers of the …
Charting of National Attribution Policies
States’ drafting of explicit national attribution policies is anchored in the law of state responsibility in cyberspace. Such policies do not necessarily promote frequent (or any) attribution. Rather, they draw attention to the multifaceted aspects of attribution and the need for careful political consideration in making affirmative, deferring or negative attribution decisions. While actual content direction remains the prerogative of …
Ritual Reverence to Deterrence in Cyberspace
The efficacy of deterrence as a method of conflict management is highly disputed. Yet, deterrence persists as a go-to security strategy and is flourishing in the spheres of cyber and information warfare. The EU is now embracing deterrence and its political appeal to advance its cybersecurity posture. But the prudence of this move remains unproven, and it is counterintuitive to …
The ‘Invisible’ International Law in Cyberspace
Recent state contributions to the discussion of how international law applies in cyberspace suggest that the cybersecurity dialect of international law is losing sight of the mainstream – that is, how international law is applied outside of the cyber bubble. The fact that states contest certain rules and standards of international conduct when it suits their current interests and ambitions …
Cyber Arms Control and Risk Reduction
Discussions at the UN have revealed that “implementation is currently one of our biggest challenges”. Specifically, states are conscious of the need to translate non-military cyber confidence-building measures (CBMs) into concrete actions that are implementable by all states, thus moving beyond awareness-raising. This is especially the case where CBMs are viewed by bodies such as the EU as a practical …
Time for Cyber Maastricht?
In today’s information society, data and information replace the traditional resources for conducting war: coal and steel. Preventing conflicts revolving around these new resources demands greater cooperation and transparency. Until recently, coal and steel were critical raw materials for the economy and the basis for waging wars. It was coal and steel that brought European countries together in 1951 to …
Navigating a Finnish Take on International Law
If you’re talking about international law and cyberspace, it’s hard to find a better person to talk to than Ambassador Marja Lehto, who wrote the recent Finnish position paper on the issue. A renowned international lawyer, Dr Lehto served as the Finnish expert in the tense 2016-2017 UN GGE. In 2016, she was elected to the International Law Commission of the UN (ILC) for the term of 2017-2021 with 175 votes, the highest vote total of the entire election.
Navigating Cyber Diplomacy in the Asia Pacific
The cyber and critical tech team at the Australian Department of Foreign Affairs and Trade has certainly been proactive about advancing their global and regional cyber engagement agenda. No easy feat when navigating intricate geostrategic realities in the Asia Pacific, the complexities of major power rivalries and rising strategic competition amid a global health crisis.
Refocusing the International Law Debate
Application of international law in cyberspace remains controversial. Are we asking the right questions?
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