Article

The cyber road ahead : merging lanes and legal challenges

Kenneth Watkin

• International law studies, Vol. 89, 2013, p. 472-511

English

Source : https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=1038&context=ils (last accessed on 22.06.2020)

This article first gives an outline of a unique aspect of the cyber domain in the context of its status as a new global commons and its prevalence within modern society. As a result there will be many stakeholders who have views that will impact on the regulation of cyber activity. Second, the analysis turns to specific legal challenges. This part looks at civilian participation in cyber conflict, consider the theoretical approaches applied when assessing cyber operations as a use of force, look at the use of the cyber domain for counter-measures short of war and address the significant potential for confusion at a foundational level regarding the use of the term "attack." Finally, the potential for successfully integrating cyber operations into a legal framework is considered by reference to efforts during the twenty-first century to regulate technologically advanced aerial warfare. Ultimately the road ahead is identified as a challenging one, but with an attainable goal that will require flexibility in applying traditional legal principles to the cyber do-main.

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• International law studies
• International law studies [Vol. 89, 2013]