In Defense of Due Diligence in Cyberspace

Abstract

This article examines application of the due diligence principle, by which states are responsible for ensuring their territories are not used for activities harmful to other states, to cyberspace. It explores the parameters of the obligation under international law, concluding that it is subject to a condition of feasibility. The article also analyzes the relationship between the principle and the taking of countermeasures under the law of state responsibility by the state being victimized by the cyber operations conducted from abroad. It argues that the principle may afford victim states a means to respond to harmful cyber activities launched by nonstate actors located outside its territory.

Keywords: Due diligence, cyber, countermeasures, state responsibility