Defending Democracies via Cybernorms

Defending Democracies: Combating Foreign Election Interference in a Digital Age (Duncan B. Hollis & Jens David Ohlin, eds., OUP), Forthcoming

Temple University Legal Studies Research Paper No. 2020-17

41 Pages Posted: 18 Jul 2020 Last revised: 9 Sep 2020

See all articles by Duncan B. Hollis

Duncan B. Hollis

Temple University - James E. Beasley School of Law

Jan Neutze

Independent

Date Written: June 25, 2020

Abstract

This chapter surveys the most prominent existing regulatory mechanisms for combating foreign election interference today — international law, domestic law, and technical measures — and explains the gaps and challenges each faces. To supplement these responses, we call for democracies to develop and apply cyber-norms — socially constructed shared expectations of appropriate behavior for members of a particular community. The chapter’s central claim is that States and other stakeholders should affirmatively construct international norms tailored to the challenges of online foreign election interference, including delineating “out-of-bounds” behavior vis-à-vis foreign elections and setting expectations for assistance or cooperation when such behavior occurs. The authors acknowledge cyber-norms are not a salve for all wounds. Yet, they build off new norm candidates from the G7 and the Paris Call for Trust and Security in Cyberspace to highlight how cyber-norms can provide critical tools to a broad, multi-layered, and multi-disciplinary response to the threat of foreign election interference.

Keywords: election interference, foreign election interference, hacking, cyber-attacks, elections, misinformation, disinformation, doxing, cybernorms, Paris Call, multi-stakeholder, international law, domestic law, technical measures, electoral processes

JEL Classification: K33

Suggested Citation

Hollis, Duncan B. and Neutze, Jan, Defending Democracies via Cybernorms (June 25, 2020). Defending Democracies: Combating Foreign Election Interference in a Digital Age (Duncan B. Hollis & Jens David Ohlin, eds., OUP), Forthcoming, Temple University Legal Studies Research Paper No. 2020-17, Available at SSRN: https://ssrn.com/abstract=3635782 or http://dx.doi.org/10.2139/ssrn.3635782

Duncan B. Hollis (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

Jan Neutze

Independent

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