Proxy Wars in Cyber Space: The Evolving International Law of Attribution
I(II) Fletcher Security Review 55-73 (2014)
23 Pages Posted: 1 Feb 2014 Last revised: 16 Aug 2014
Date Written: May 31, 2014
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.
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