The Tallinn Manual 2.0: Highlights and Insights

44 Pages Posted: 15 Mar 2017 Last revised: 3 May 2018

See all articles by Eric Talbot Jensen

Eric Talbot Jensen

Brigham Young University School of Law

Date Written: March 13, 2017

Abstract

Malicious cyber activities are pervasive in the lives of individuals and in the national security discussions of national governments across the globe. It is rare to have a day pass without some cyber event reaching the national news. These malicious cyber activities are attributed to both States and non-State actors such as transnational criminal groups, terrorist organizations, and individuals.

In response to this widespread phenomenon, including a specific major cyber incident in Estonia in 2007, the Cooperative Cyber Defense Center of Excellence in Tallinn Estonia hosted a multi-year process designed to provide the views of a group of renowned Experts on the application of international law to cyber activities. The first Tallinn Manual dealt with the law applicable to armed conflict. The second, and recently published, Tallinn Manual (known as Tallinn 2.0) deals with a much more broad level of cyber operations – all those not part of armed conflict.

This article briefly summarizes the key points in the Tallinn Manual 2.0, including identifying some of the most important areas of non-consensus among the Experts who wrote the Manual. The article then offers some insights into where international law on cyber operations will need to go in the future.

Keywords: cyber, tallinn, cyber warfare, cyber hacking, sovereignty, due diligence jurisdiction, human rights, computer, cyberspace, law of armed conflict, international humanitarian law, law of war

JEL Classification: K10, K19, K33, L86

Suggested Citation

Jensen, Eric Talbot, The Tallinn Manual 2.0: Highlights and Insights (March 13, 2017). 48 Georgetown Journal of International Law 735 (2017), BYU Law Research Paper No. 17-10, Available at SSRN: https://ssrn.com/abstract=2932110

Eric Talbot Jensen (Contact Author)

Brigham Young University School of Law ( email )

504 JRCB
Provo, UT 84602
United States

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