The article examines the use of non-State actors by States to conduct cyber operations against other States. In doing so, it examines attribution of a non-State actor's cyber operations to a State pursuant to the law of State responsibility, attribution of a non-State actor's cyber armed attack to a State for the purposes of a self-defense analysis, and attribution of cyber military operations to a State in the context of determining whether an international armed conflict has been initiated. These three very different legal inquiries are often confused with each other. The article seeks to deconstruct the issue of attribution into its various normative components.
Monday, March 10, 2014
Schmitt & Vihul: The International Law of Attribution During Proxy 'Wars' in Cyberspace
Michael N. Schmitt (U.S. Naval War College - Law) & Liis Vihul (NATO Cooperative Cyber Defence Centre of Excellence) have posted The International Law of Attribution During Proxy 'Wars' in Cyberspace (Fletcher Security Review, forthcoming). Here's the abstract:
