@inproceedings{f75060c31d6a4971a532b7d40e870f54,
title = "Legal solutions to state-level cyber intrusion under international law: A maze of legal uncertainty or not?",
abstract = "One of the reasons for state-level intrusion may be attributed to a government ensuring the safety and security of its territory which includes cyberspace. The existing international law prohibits state-level cyber intrusion that constitutes an intervention, threat of or use of force or armed attack. International lawyers must interpret which cyber intrusion falls under international law. In the latter respect, the Tallinn Manual on the International Law applicable to Cyber Warfare is a valuable tool as it provides guidelines in such determination. The discussion will however show that establishing the type of intrusion is not easy as cognizance must be taken of the doctrinal law as outlined in the international law and interpreted by international lawyers and state practice which refers to how nation-states react to intrusion. The possibility of excessive state-level intrusion exists. Mass surveillance of other states may for example illustrate an imbalance between states as some states have the technical ability to dominate cyberspace to advance their own interests and motives. Finding legal solutions to state-level cyber intrusion under the present international law are uncertain. Cyberspace governance can only be achieved under the international law by the involvement of all states on an equal basis to ensure transparency and trust, with the latter being tenuous at present. A code of conduct for cyberspace may limit excessive state-level intrusion within the ambit of the international law. The multinational Convention on Cybercrime of 2001 should be re-evaluated to establish whether it will attain global recognition. In order to address the challenges in the short term a code of conduct in cyberspace should be negotiated, whilst a cybercrime treaty would be required to address challenges over the long term. State-level intrusion ultimately involves international politics and national foreign policy, both of which could be murky at times to negotiate.",
keywords = "Code of conduct, Cyber war, Cyberspace governance, International law, State-level cyber intrusions, Tallinn manual",
author = "Murdoch Watney",
year = "2014",
language = "English",
series = "European Conference on Information Warfare and Security, ECCWS",
publisher = "Curran Associates Inc.",
pages = "206--212",
editor = "Liaropoulos, {Andrew N.} and Tsihrintzis, {George A.}",
booktitle = "Proceedings of the 13th European Conference on Cyber Warfare and Security, ECCWS 2014",
note = "13th European Conference on Cyber Warfare and Security, ECCWS 2014 ; Conference date: 03-07-2014 Through 04-07-2014",
}