Public International Law of Cyberspace

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How, for example, did international law regulate the U. To date, there is no consensus. Indeed, international lawyers have struggled to convey — both to each other and, more importantly, to policy-experts and decision-makers — even the most basic reasons why the availability and operation of international law in the cyber domain has proven so elusive. International Law. Digital Policy. Map these things together in your mind the imagery alone makes for a fun exercise and you have a short-hand reference for the most significant issues facing international law in the ever-expanding and indispensable technological ecosystem.

We begin in this post by examining existential and interpretative challenges symbolized by Sartre and baby carriages. J ea n Paul Sartre and Existential Challenges. Our point of departure is Jean Paul Sartre — one of the leading thinkers in the philosophy of existentialism. We choose him to symbolize existential challenges to international law in cyberspace.

This is the question of whether international law even applies in cyberspace. For a time, some states participated in an existential debate about whether international law in its entirety applies to cyber operations. Nonetheless, questions about the applicability of specific international legal regimes and particular international legal rules to cyber operations remain.

In , the latest round of UN GGE talks collapsed amidst existential divisions between states concerning the applicability of the right of self-defense as enshrined in Article 51 of the UN Charter, the right to take countermeasures, and the entire body of international humanitarian law to cyber operations. Resolving these existential questions is vital — only if specific international legal rules are applicable to cyber operations can they operate to regulate the conduct of their subjects.

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Public International Law of Cyberspace

Indeed, it is the ability of a cyber attack to significantly disrupt vital processes that may make international cyberattacks an appealing option for nation-states. Given the immense threat posed by international cyber attacks and the apparent failure of the international community to develop a legal framework to deter nation-state cyber attacks, there is no time like the present for policyholders to understand potential insurance coverage for this type of risk. In recent years, the number and variety of specialty cyber-insurance coverages has grown significantly, with approximately 70 insurers currently offering some form of cyber coverage.

Cyber policies may differ widely in the types of coverages provided and the scope of coverage that would be provided in the event of a cyber attack. Because of the nature of these attacks, business interruption coverages are likely to be implicated. Such downtime may translate into significant costs, including lost profits and the extra expenses of mitigating such losses. Policyholders may wish to consider whether their current policy contains coverage for business interruption and whether there are any relevant policy exclusions for attacks allegedly or actually initiated by nation-states.

Policyholders should not assume that such an exclusion necessarily bars coverage for a particular cyberattack. The precise wording of each exclusion, which may vary substantially among policies issued by different insurers, should be applied carefully and narrowly.

Public International Law of Cyberspace | Harvard Law School

Most cyber policies also contain exclusions for property damage and bodily injury. Cyber-physical attacks are real, and are no longer just the product of speculation. For example, a cyber attack may affect monitoring software meant to keep processes under control, like electronic gauges, GPS systems utilized in transportation environments, and even vital cooling systems for valuable computer networks.


  • Re-Thinking the Boundaries of Law in Cyberspace: A Duty to Hack? - Oxford Scholarship.
  • Supercomputers in Theoretical and Experimental Science.
  • Public International Law of Cyberspace | Kriangsak Kittichaisaree | Springer.
  • State Sovereignty and Cyberspace: What Role for International Law? | GlobalTrust?
  • Beyond National Jurisdiction: Cyberspace | ASIL.

A careful analysis of how property damage and bodily injury exclusions might apply may be very useful in assessing the responsiveness of a cyber policy to such a cyber-physical attack. Likewise, in the event that an organization finds itself in the unfortunate position of being a victim of a cyber attack, coverage counsel can assist with a prompt, careful review of any potentially applicable insurance policies and analyze the necessary steps to pursuing potential insurance coverage including the timely provision of notice to relevant insurers.

One source estimated that the average cost to a U. POST Jan.

Estonia Speaks Out on Key Rules for Cyberspace

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JMO Lecture - Wolff Heintschel von Heinegg: Cyberspace and International Law

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About Microsoft's Cybersecurity Policy Team

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