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International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about.
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This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.
Cyberspace operations (Military science) --- Cyber war (Military science) --- Cyberwar (Military science) --- Cyberspace warfare (Military science) --- Cyberwarfare (Military science) --- Offensive cyber operations (Military science) --- Military art and science --- Cyberwarfare (International law) --- War (International law)
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Addressing both scholars of international law and political science as well as decision makers involved in cybersecurity policy, the book tackles the most important and intricate legal issues that a state faces when considering a reaction to a malicious cyber operation conducted by an adversarial state. While often invoked in political debates and widely analysed in international legal scholarship, self-defence and countermeasures will often remain unavailable to states in situations of cyber emergency due to the pervasive problem of reliable and timely attribution of cyber operations to state actors. Analysing the legal questions surrounding attribution in detail, the book presents the necessity defence as an evidently available alternative. However, the shortcomings of the doctrine as based in customary international law that render it problematic as a remedy for states are examined in-depth. In light of this, the book concludes by outlining a special emergency regime for cyberspace.
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The one issue touched on repeatedly by the contributors of this publication is the difficulty of arriving at a definition of cyber terrorism. A NATO Office of Security document cautiously defines it as ""a cyber attack using or exploiting computer or communication networks to cause sufficient destruction or disruption to generate fear or to intimidate a society into an ideological goal."" But the cyber world is surely remote from what is recognized as terrorism: the bloody attacks and ethnic conflicts, or, more precisely, the politically-motivated ""intention to cause death or serious bodily h
Cyberterrorism --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Electronic terrorism (Cyberterrorism) --- Computer crimes --- Terrorism
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Computer security --- Cyberterrorism --- Engineering & Applied Sciences --- Computer Science --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Electronic terrorism (Cyberterrorism) --- Computer crimes --- Terrorism
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Computer security --- Cyberterrorism --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Electronic terrorism (Cyberterrorism) --- Computer crimes --- Terrorism
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Computer security --- Cyberterrorism. --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Electronic terrorism (Cyberterrorism) --- Computer crimes --- Terrorism
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Cyberterrorism. --- Cyberterrorisme --- Cyberterrorism --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Computer crimes --- Terrorism --- Electronic terrorism (Cyberterrorism)
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Attribution is of primary importance when classifying it as a criminal act, an act of war, or an act of terrorism. Three assumptions dominate current thinking: attribution is a technical problem; it is unsolvable; and it is unique. Approaching attribution as a problem forces us to consider it either as solved or unsolved. Yet attribution is far more nuanced, and is best approached as a process in constant flux, driven by judicial and political pressures. This work examines this important topic.
Cyberterrorism. --- Cyberterrorism --- Hackers. --- Prevention. --- Computer hackers --- Computer programmers --- Computer users --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Electronic terrorism (Cyberterrorism) --- Computer crimes --- Terrorism
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Computer security --- Cyberterrorism --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Electronic terrorism (Cyberterrorism) --- Computer crimes --- Terrorism
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