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Attribution in cyberspace is one of the most difficult questions facing policy makers, lawyers, and jurists. Indeed, the first question often asked in the wake of a cyber incident is “who did it?” The answer to this question is often critical when dealing with the application of international law because it will dictate the rights and responsibilities of States both from an offensive and defensive...
Several indicators suggest that the international law of cyber security is in the midst of a crisis. First, proposals of internationally binding treaties by the leading stakeholders, including Russia and China, have been met with little enthusiasm by other states, and are generally seen as having limited prospects of success. Second, states are extremely reluctant to commit themselves to specific...
Achieving cyberdeterrence is a seemingly elusive goal in the international cyberdefense community. The consensus among experts is that cyberdeterrence is difficult at best and perhaps impossible, due to difficulties in holding aggressors at risk, the technical challenges of attribution, and legal restrictions such as the UN Charter's prohibition against the use of force. Consequently, cyberspace defenders...
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