Abstract
Attributing computer network intrusions has grown in importance as cyber penetrations across sovereign borders have become commonplace. Although advances in technology and forensics have made machine attribution easier in recent years, identifying states or others responsible for cyber intrusions remains challenging. This essay provides an overview of the attribution problem and its international legal dimensions and argues that states must develop accountable attribution mechanisms for international law to have practical value in this sphere.
Highlights
Attributing computer network intrusions has grown in importance as cyber penetrations across sovereign borders have become commonplace
This essay provides an overview of the attribution problem and its international legal dimensions and argues that states must develop accountable attribution mechanisms for international law to have practical value in this sphere
Scope and Nature of the Attribution Problem. When it comes to cyber activity, we live in what Lucas Kello calls a state of “unpeace”—“mid-spectrum rivalry lying below the physically destructive threshold of interstate violence, but whose harmful effects far surpass the tolerable level of peacetime competition.”[1]. More than thirty nations are capable of effectively using cyber tools as weapons
Summary
Attributing computer network intrusions has grown in importance as cyber penetrations across sovereign borders have become commonplace. Advances in technology and forensics have made machine attribution easier in recent years, identifying states or others responsible for cyber intrusions remains challenging. This essay provides an overview of the attribution problem and its international legal dimensions and argues that states must develop accountable attribution mechanisms for international law to have practical value in this sphere
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