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Purpose: This chapter is designed to provide an understanding of the challenging issues raised by cyber attacks and cyber exploitations under the international laws of war. These laws are premised on the assumption of kinetic action that does not translate easily into the cyber realm.
Concepts Covered: Jus ad Bellum, Jus in Bello, Espionage EDIT PLAYLIST INFORMATION DELETE PLAYLIST

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  1. 1 Show/Hide More Curtis A. Bradley and Jack L. Goldsmith, Overview of International Law and Institutions in , Foreign Relations Law: Cases and Materials (4th ed. 2011)
    Students may find it useful to acquaint themselves at the outset of this course with the basic sources of international law and some of the most important international institutions. The following is a brief overview.
  2. 2 Show/Hide More 5.1 Jus ad Bellum
    Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
    Purpose: To provide an understanding of the international law that governs when it is legitimate to begin war, what counts as war for those purposes, and what counts as neutrality (and breaches of neutrality). The jus ad bellum is governed primarily by the United Nations Charter and customary international law.
    1. 2.1 Show/Hide More United Nations Charter
      Art. 2 & Chs. 6-7
    2. 2.3 Show/Hide More Department of Defense, An Assessment of International Legal Issues in Information Operations, 1999
      An early and influential DOD analysis that is one of the most comprehensive public documents on DOD thinking about these issues.
    3. 2.4 Show/Hide More Michael N. Schmitt, Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework, Columbia Journal of Transnational Law 37:885-937, 1999
      This journal article is an important and influential early conceptual analysis on the acceptability under the jus ad bellum of computer network attack.
    4. 2.5 Show/Hide More Matthew C. Waxman, Cyber Attacks and the Use of Force, Back to the Future of Article 2(4), The Yale Journal of International Law 36, 2011
      This article provides an analysis of the conceptual puzzles of applying jus ad bellum to the cyber domain, as well as an analysis of strategic issues raised by legal considerations.
    5. 2.6 Show/Hide More Michael N. Schmitt, Cyber Operations and the Jus ad Bellum Revisited, Villanova Law Review 56, 2011
      In this piece the author revisits his prominent analysis of jus ad bellum twelve years later.
    6. 2.7 Show/Hide More Department of Defense Cyberspace Policy Report, 2011
      A report from the DoD on its attitude toward foreign cyber threats, including the circumstances under which a cyber attack will warrant a military response.
  3. 3 Show/Hide More 5.2 Jus in Bello
    Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
    Purpose: To provide an understanding of the international law that govern conduct during war. The jus in bello are governed by treaties like the Geneva Conventions, and by customary international law.
    1. 3.2 Show/Hide More Department of Defense, An Assessment of International Legal Issues in Information Operations, 1999
      An early and influential DOD analysis that is one of the most comprehensive public documents on DOD thinking about these issues.
    2. 3.3 Show/Hide More Michael N. Schmitt, Cyber Operations and Jus in Bello: Key Issues, Naval War College International Law Studies, 2011
      The article examines the jus in bello governing cyber operations during an armed conflict.
  4. 4 Show/Hide More 5.3 Espionage
    Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
    Purpose: To provide an understanding on the practice of secretly gathering information about a foreign government or industry. Espionage is not generally regulated by international law. This is important because it means that a great deal of threatening cyber behavior – basically, everything that comes under the heading of “cyber-exploitation – is not regulated by international law.
      1. 4.1.1 Estonia
      2. 4.1.3 Flame
    1. 4.3 Show/Hide More Department of Defense, An Assessment of International Legal Issues in Information Operations, 1999
      An early and influential DOD analysis that is one of the most comprehensive public documents on DOD thinking about these issues.
    2. 4.6 Show/Hide More Roger D. Scott, Territorially Intrusive Intelligence Collection and International Law, 46 Air Force L. Rev. 217, 1999
      An older, but still relevant, analysis on the laws regarding intelligence collection.
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May 21, 2013

cybersecurity

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Jack Goldsmith and a Berkman Center Cybersecurity Team

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