An Extraterritorial Human Right to Cybersecurity

10 Notre Dame Journal of International & Comparative Law (2020)

23 Pages Posted: 22 Jul 2019 Last revised: 1 Feb 2020

See all articles by Ido Kilovaty

Ido Kilovaty

University of Arkansas - School of Law; Yale University - Law School

Date Written: July 19, 2019


Recent state-sponsored cyber operations against private-sector entities have increasingly become prejudicial not only to the computer systems and networks of these targets, but also to the national security interests of the nations affected. While international law protects many of the state interests that go hand in hand with the national security interest, it does little to protect the immediate targets of these cybersecurity incidents, namely individuals and private-sector actors. This shared vulnerability between private-sector actors and the state has long been recognized in scholarship and practice as the problem of “reciprocal security vulnerability.” This Article offers the first analysis and consideration of the reciprocal security vulnerability problem in light of a different body of law – international human rights law. This Article argues that many of the challenges arising from foreign state-sponsored cyber operations can and should be addressed through a recourse to and development of an extraterritorial application of international human rights law and the advancement of a human right to cybersecurity.

Keywords: cybersecurity, human rights, cyberspace law, international law

Suggested Citation

Kilovaty, Ido, An Extraterritorial Human Right to Cybersecurity (July 19, 2019). 10 Notre Dame Journal of International & Comparative Law (2020), Available at SSRN:

Ido Kilovaty (Contact Author)

University of Arkansas - School of Law ( email )

260 Waterman Hall
Fayetteville, AR 72701
United States

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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