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    Low-intensity computer network attack and self-defense

    Creighton Authors
    Watts, Sean

    Admin. Units
    School of Law

    Subjects
    Cyberterrorism; Information warfare (International law); War (International law); Cyberspace operations (Military science); Computer networks; Cyberspace

    Title
    Low-intensity computer network attack and self-defense

    Authors
    Watts, Sean

    Book
    International Law Studies

    Pages
    59-87

    Date
    2011

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    Link
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    Other Link(s)
    SSRN

    URI
    http://hdl.handle.net/10504/60497
    Citation
    Sean Watts, Low-Intensity Computer Network Attack and Self-Defense, 87 Int'l L. Stud. 59 (2011), reprinted in 41 Israel Yearbook on Human Rights 83 (Yoram Dinstein ed., 2011).

    Abstract
    Newly created State cyber security agencies, the reality of cyber attacks, and evolutions in cyber attack strategy will have important effects on the UN Charter's security regime, specifically the law governing States' resort to self-defense. In particular, low-intensity computer network attacks (CNA) confound efforts at correlation, frustrate attribution, and often manage to remain below States' response thresholds, both technical and legal. This paper identifies effects that an emerging emphasis on low-intensity CNA will have on legal conceptions of self-defense, focusing on the doctrine's relevance to attacks by non-state actors and the threshold of "armed attack." Showcasing the 2007 Estonian and 2008 Georgian attacks, this paper suggests that emerging low-intensity CNA doctrine casts new light on cyber disruptions previously thought to be below the threshold of self-defense. More significantly, it forecasts that proliferation of low-intensity CNA will produce a complex, multipolar security environment likely to produce grim effects on what little coherence and efficacy the existing UN Charter-based doctrine of self-defense enjoys.
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