Collective Countermeasures in Cyberspace

Notre Dame Journal of International and Comparative Law, Forthcoming

15 Pages Posted: 7 Sep 2019

See all articles by Jeff Kosseff

Jeff Kosseff

United States Naval Academy, Cyber Science Department

Date Written: August 30, 2019

Abstract

In this Essay, I argue that the call for collective cyber countermeasures is the correct normative approach. Just as the threats that nations face in cyberspace often cross borders, so too should the ability to prevent and mitigate harm. The limited guidance from international legal authorities have not directly condoned collective countermeasures. Under the traditional countermeasures model, State A can exercise countermeasures against State B if State B has violated an international legal obligation to State A. While there is good reason for this framework, it was developed before the era of cyber aggression, and fails to address the disperse and asymmetric nature of modern threats. To be sure, collective countermeasures should be used carefully, and subject to the significant restrictions.

Keywords: countermeasures; cyberspace; international law

Suggested Citation

Kosseff, Jeff, Collective Countermeasures in Cyberspace (August 30, 2019). Notre Dame Journal of International and Comparative Law, Forthcoming , Available at SSRN: https://ssrn.com/abstract=3445572

Jeff Kosseff (Contact Author)

United States Naval Academy, Cyber Science Department ( email )

121 Blake Road
Annapolis, MD 21402
United States

HOME PAGE: http://jeffkosseff.com

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