Tag Archives: Cyber Attacks

Advancing Accurate & Objective Cybercrime Metrics

Cybercrime has increased dramatically in this century. Although there is broad academic consensus that a dearth of official data on crimes committed in cyberspace hampers cybercrime enforcement efforts, even the most affluent nations have not yet managed to systematically catalogue cybercrime statistics.

Through a detailed analysis of efforts to keep track of this ever-evolving area of the law, Stephen Cobb outlines a future strategy that builds on the existing machinery of crime measurement and applies it at the national, regional, and international level.

At a time when cyberthreats are escalating, Cobb sheds light on historical and contemporary examples of successful monitoring efforts to show that committing to closing the cybercrime metrics gap is critical to crime deterrence efforts everywhere.

Persistent Enforcement: Criminal Charges as a Response to Nation-State Malicious Cyber Activity

Malicious cyber activities by foreign states present major challenges to the US government. Foreign governments steal intellectual property, attack election systems, wage influence campaigns, and cripple American companies. One tool brought to bear most recently against these state actors is the criminal indictment.

This article reviews the use of criminal charges as a response to nation-state hacking and proposes a conceptual framework for understanding the utility of those charges as a tool to effectively combat malicious cyber activity.

Finally, the article applies this framework to case studies involving China, Russia, Iran, Syria, and North Korea and evaluates the use of criminal charges as a component of broader U.S. cyber policy.

The 2014 Sony Hack and the Role of International Law

In this article, Clare Sullivan posits that the 2014 hack of Sony Pictures Entertainment (“Sony Hack”) heralds the arrival of a new form of modern warfare. She argues that the current state of international law is inadequate to deal with hacks like this one, which do not cause physical damage but which nonetheless result in serious economic harm and violations of privacy. In the author’s view, a new approach is needed to ensure that countries are permitted under international law to respond to and take countermeasures against such hacks.