International and Foreign Cyberspace Law Research Guide

This book focuses on the non-technical aspects of cyber operations, such as policy, strategy and best practices. In doing so, it presents both theoretical and practical approaches towards understanding the evolution of cyber operations, incorporating contributions from scholars and practitioners working in the fields of cyber security, cyber warfare, and information management.

This edited volume of essays discusses the latest legal and defensive measures being implemented to protect individuals, as well as organizations, from cyber threats. In addition to examining online criminal networks and threats in both the public and private spheres, the book also includes several case studies describing how recent interstate conflicts have played out in cyberspace.

Based on their empirical analysis of cyber incidents known to have occurred since 2001, the authors conclude that, contrary to the conventional wisdom, cyber operations in which one state targets another are relatively rare and usually of a low intensity with few long-term consequences. They also recommend that defenses against cyber incidents be grounded in restraint and regionalism, noting that most such incidents are prompted by the same dynamics that lead to regional conflicts.

The author contends that although existing international law principles (jus ad bellum and jus in bello) provide a suitable legal framework for addressing the challenges of cyber warfare, the rapid pace of technological change continues to expose significant gaps in the framework that must be filled to adequately address future risks.

The author examines traditional international law concepts, such as the "use of force", "armed attack", and "armed conflict," and asks whether they can be applied to new digital technologies. He considers whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defense; whether cyber operations trigger the application of international humanitarian law; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; and whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities.

This book identifies the rules and limits of cross-border computer network operations for which states bear responsibility during both peacetime and wartime. It illustrates the applicability of current international law by incorporating references to relevant treaties and customary law. It also includes case studies of cyber attacks for which there is strong circumstantial evidence of state involvment. The author concludes by arguing that states should be obligated to prevent malicious operations emanating from networks within their respective jurisdictions.

The author examines the development of constraining norms for cyber warfare and speculates on how these norms may evolve in the future, drawing upon cases studies involving earlier emerging technologies, such as chemical, biological, and nuclear weapons, as well as the use of strategic bombing. In do so, he expands upon prior understandings of norm-evolution theory, offering recommendations for policymakers as they grapple with threats of cyber warfare and cyber terrorism.

The author examines whether the law governing the use of force is able to deal with the kind of legal disputes likely to arise from modern warfare. Key questions include how one defines an armed attack, whether the destruction of a state's vital digital eco-system or the "blinding" of military communication satellites constitutes a threat, and how one delimits the threshold that would justify invoking the right of self-defense or retaliatory action. The author concludes that as technology has leapt ahead, the legal framework has failed to adapt, leaving States unable to effectively defend themselves in compliance with international law.

This book offers practical advice for enhancing security measures to prevent cyberterrorism. The second edition features seven new chapters, including contributions from security experts in the healthcare and communications industries. Each thematic chapter includes a full bibliography.

This collection of essays examines both the nature of cyberterrorism, including how it differs from other cyber treats, and the most effective tools for countering it, featuring contributions from experts in the fields of law, engineering, computer science, international relations, and public policy.

This collection of essays highlights technological advancements in intelligence gathering and reconnaissance that can be used to combat both cyber crime and cyber terrorism. Topics covered include digital intelligence, the use of alternative content, and the application of mathematical modeling.

This study analyzes data and digital forensic evidence collected by local law enforcement agencies in the U.S. to better understand the jurisdictional and logistical hurdles faced by those who are responsible for preventing and investigating cyber attacks.

The contributors to this edited volume of essays draw upon insights from the fields law, social psychology, and computer science to examine: 1) how and why terrorists engage with digital technologies; 2) what threat their activities pose, and to whom; and 3) how might their activities be prevented or deterred.