Abstract:
This chapter examines what constitutes an “armed attack” in cyberspace, and how—once it has attributed responsibility—the United States should respond to this type of warfare. The author briefly outlines the set of international laws governing war, the challenges in applying them to cyberwarfare, and provides recommendations for how to apply the law of armed conflict in cyberspace. Specifically, the author advocates for an effects-based definition of an armed attack that will provide a legal avenue for the United States to respond to cyberattacks perpetrated by non-state actors.
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