International Law in Cyberspace

1. “What are the legal requirements for a cyber action to meet the definition of an act of war? Should the definition be explicit or should it be left ambiguous as retired Maj Gen Dunlap argues in his article?2.

2. What do you feel are the requirements for an act of cyber-terrorism?  Why?

 

300 WORDS

PLEASE USE THE FOLLOWING AS REFERENCES FOR PART ONE

 

Schmitt, Michael N. “International Law in Cyberspace: The Koh Speech and the Tallinn Manual Juxtaposed,” Harvard International Law Journal, 54 (2012)

Dunlap Jr., Charles J. Maj Gen (Ret). “Perspectives for Cyber Strategists on Law for Cyber War.” Strategic Studies Quarterly, (2011): 81-99 (Accessible via the weekly reading folder within the resources section). (19 pages)

Kramer, Franklin D., et.al. (Eds) From Cyberspace to Cyberpower: Cyber Power and National Security, Chapter 22 “International Law and Information Operations” 525-542. (18 pages)

 

Brown, Gary and Keira Poellet. “The Customary International Law of Cyberspace,” Strategic Studies Quarterly6:3 (2012):126-45 (Accessible via the weekly reading folder within the resources section). (20 pages)

 

PART TWO

 

“Given the characteristics of the cyber domain what are some of the elements necessary to make up an effective policy of cyber deterrence? Is such a policy even possible? What are some of the practical problems of deterring cyber attacks and what are some of the potential solutions?
One way to address this question is to look at the traditional forms of deterrence when it involves conventional weapons or nuclear weapons. Are there similarities? In the nuclear era it was clear that such weapons were under the control of states – usually great powers – and therefore it was easier to convey intent to the adversary. How do we do that in cyberspace?
Should the US policy of cyber deterrence be implicit or explicit?

 

 

300 WORDS

 

PLEASE USE THE FOLLOWING AS REFERENCES FOR PART TWO

 

Denning, D. E. (2015). Rethinking the cyber domain and deterrence. Joint Forces Quarterly. 2, 8-15.

Iasiello, E. (2013). Is Cyber deterrence an illusory course of action. Journal of Strategic Security, 7(1), 54-67.

Libicki, Martin C., Cyberdeterrence and Cyberwar, RAND Report, Santa Monica: Rand Corp., 2009,. 1-73

Kramer, Franklin D. et.al. (Eds) From Cyberspace to Cyberpower: Cyber Power and National Security, Chapter 13 “Deterrence of Cyber Attacks” 309-340 (32 pages)