Software can officially and formally be munitions. Since December 2019 offensive software even more so. At least in the context of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, whose members are different countries around the world. The treaty regulates the selling of munitions…
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Contrary to what you may read in the popular press, there are rules when it comes to cyberattacks. Today, probably all countries regulate cybercrime in domestic law. All countries agree also that international law rules apply to cyberspace, including cyberattacks and also cyberwarfare. I recently covered positions of two example…
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The Netherlands recently released a document describing their views and position on the application of international law to cyberspace and cyberattacks. This is a very reasoned document and contains great insight.
Just like a similar French document (with a big catch - see later; my analysis here), it is short…
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You may have heard of the cliché “there are no rules in cyberwar". It is false. There are rules. The trick is how those apply. Countries rarely speak clearly how they see or would see things. Most countries accept that international law applies to cyberspace, including to cyber operations (“cyberattacks”…
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Cyber conflicts involving state actors are quickly becoming a geopolitical reality. Perhaps the most cited example, the alleged Russian interference in the 2016 U.S. election, is a continued source of conflict in U.S.-Russia relations. The story took another turn last October when the U.S. Cyber Command…
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