In Defense of Due Diligence in Cyberspace

125 Yale Law Journal Forum 68 (2015)

14 Pages Posted: 24 Jun 2015

See all articles by Michael N. Schmitt

Michael N. Schmitt

University of Reading School of Law; Lieber Institute, USMA at West Point; Naval War College - Stockton Center for the Study of International Law

Date Written: June 22, 2015

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

Suggested Citation

Schmitt, Michael N., In Defense of Due Diligence in Cyberspace (June 22, 2015). 125 Yale Law Journal Forum 68 (2015), Available at SSRN: https://ssrn.com/abstract=2622077

Michael N. Schmitt (Contact Author)

University of Reading School of Law ( email )

Whiteknights
Reading, Berkshire RG6 6AH
United Kingdom

Lieber Institute, USMA at West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

Naval War College - Stockton Center for the Study of International Law ( email )

686 Cushing Road
Newport, RI 02841
United States

HOME PAGE: http://www.usnwc.edu/Academics/Faculty/Michael-Schmitt.aspx

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