There are generally four concepts in international law that describe a state’s wrongful acts: violation of sovereignty, prohibited intervention, use of force, and armed attack. These four concepts emerged in the pre-internet era, thus the application of them in cyberspace has caused many disagreements. However, notwithstanding the disagreements on the scope of any particular concepts,… Continue reading Why is the “Spectrum Model” of Internationally Wrongful Acts Problematic in Cyberspace?
In an era when cyberattacks are becoming ever more prevalent, there is a growing demand for private companies to “hackback” to deter and defend against attacks. But federal law precludes them from doing so. Sam Parker addresses the risks and benefits of allowing companies to respond to cyber-threats by going on the offensive and analyzes… Continue reading Shot in the Dark: Can Private Sector “Hackbacks” Work?
More and more often, the Foreign Sovereign Immunities Act (FSIA) has protected cyberattack-conducting state actors and their cybersecurity contractors from legal liability and suits brought by victims seeking redress in US courts. Adam Silow argues that it is time for foreign sovereign immunity to receive an update for the digital era. State-sponsored cyberattacks and their… Continue reading Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability