Cyber-Attack Regulation: Issues and Advances in International Law

Abstract

With the development of network technology, cyber-attacks and cyber wars are likely to become new forms of warfare that endanger world peace. The current international law has difficulties in the definition of national sovereignty, the identification of national responsibility and the exercise of the right of self-defense when cyber-attacks occur. The international community needs to supplement and improve the existing rule system as soon as possible and impose stronger legal constraints on transnational cyber-attacks. Some measures can be taken to solve this problem. Firstly, countries around the world should be promoted to reach a consensus on the legal concept of cyber sovereignty. Secondly, the applicable conditions of the current law need to be clarified. That is to say, the national responsibility for cyber-attacks and a clearer interpretation of threat or use of force and armed attack should be clarified. Meanwhile, the circumstances and methods of exercising the right of self-defense should be clarified when a cyber-attack is encountered. Thirdly, new rules of international law and relevant international soft laws should be created to solved these problems.