Give Them an Inch, They'll Take a Terabyte: How States May Interpret Tallinn Manual 2.0's International Human Rights Law Chapter

16 Pages Posted: 28 Sep 2017

See all articles by Robert Barnsby

Robert Barnsby

Independent

Shane Reeves

United States Military Academy, West Point

Date Written: June 1, 2017

Abstract

An international group of scholars and practitioners with expertise in the legal regimes implicated by peacetime cyber activities authored Tallinn Manual 2.0 between 2013 and 2016 over the course of a series of formal meetings and workshops. Like the Manual itself, it is inevitable that the Manual's IHRL Chapter will be studied and debated endlessly. Less concerned with this overall debate than with the need for practitioners to understand specific assertions made with the human rights Chapter, this Article closely examines certain key terms in the text to ascertain their impact on daily cyber activities at the State (national) level. A granular view of the IHRL Chapter reveals these key terms to be often vague and ill-defined, resulting in definitional gaps capable of being used by States to undermine IHRL progress over time.

Keywords: Tallinn Manual 2.0, Tallinn Manual 1.0, cyber law, cyber operations, cyber activities, international human rights law, use of force, right to privacy

JEL Classification: K33, K39

Suggested Citation

Barnsby, Robert and Reeves, Shane, Give Them an Inch, They'll Take a Terabyte: How States May Interpret Tallinn Manual 2.0's International Human Rights Law Chapter (June 1, 2017). Texas Law Review, Vol. 95, No. 7, 2017. Available at SSRN: https://ssrn.com/abstract=3043219

Robert Barnsby

Independent ( email )

No Address Available

Shane Reeves (Contact Author)

United States Military Academy, West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

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