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Cyber-Attacks, Retaliation and Risk: Legal and Technical Implications for Nation-States and Private Entities
Abstract
This chapter examines legal and technical issues that arise when considering strategic retaliatory countermeasures to cyber-attacks. Implications connected with endorsing techniques of active defense for nation-states are viewed alongside challenges faced by private entities. Proactive avenues for tackling cyber-security threats are evaluated and shortcomings within the international system of governance are analyzed. Retributive justice as a legal and philosophical concept is viewed through the lens of customary international law pertaining to use of force and self-defense. Difficulties in adapting rules governing kinetic warfare to instances of cyber-conflict are elucidated. The danger of executing counterstrikes for private entities is explained with reference to cross-border dilemmas, conflict of laws, and risks stemming from civil, criminal, and also administrative liability. Protocols for safeguarding anonymity are observed and the problem of attribution is illustrated. Costs and benefits associated with adopting methods of active defense are presented and solutions to avoid accountability failure are recommended.
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