Cyber Operations and the Use of Force in International Law

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The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments.

The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.

China and Cybersecurity: Espionage, Strategy, and Politics in the Digital Domain

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Amazon Price: $36.95 $34.58 You save: $2.37 (6%). (as of October 23, 2017 20:00 – Details). Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on the Amazon site at the time of purchase will apply to the purchase of this product.

China's emergence as a great power in the twenty-first century is strongly enabled by cyberspace. Leveraged information technology integrates Chinese firms into the global economy, modernizes infrastructure, and increases internet penetration which helps boost export-led growth. China's pursuit of "informatization" reconstructs industrial sectors and solidifies the transformation of the Chinese People's Liberation Army into a formidable regional power. Even as the government censors content online, China has one of the fastest growing internet populations and most of the technology is created and used by civilians.

Western political discourse on cybersecurity is dominated by news of Chinese military development of cyberwarfare capabilities and cyber exploitation against foreign governments, corporations, and non-governmental organizations. Western accounts, however, tell only one side of the story. Chinese leaders are also concerned with cyber insecurity, and Chinese authors frequently note that China is also a victim of foreign cyber — attacks — predominantly from the United States.
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Cyber War Will Not Take Place

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"Cyber war is coming," announced a land-mark RAND report in 1993. In 2005, the U.S. Air Force boasted it would now fly, fight, and win in cyberspace, the "fifth domain" of warfare. This book takes stock, twenty years on: is cyber war really coming? Has war indeed entered the fifth domain?

Cyber War Will Not Take Place cuts through the hype and takes a fresh look at cyber security. Thomas Rid argues that the focus on war and winning distracts from the real challenge of cyberspace: non-violent confrontation that may rival or even replace violence in surprising ways.
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Who Controls the Internet?: Illusions of a Borderless World

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Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Whos really in control of whats happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internets challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. Its a book about the fate of one idea–that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Googles struggles with the French government and Yahoos capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBays struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.

Cyber War versus Cyber Realities: Cyber Conflict in the International System

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In 2011, the United States government declared a cyber attack as equal to an act of war, punishable with conventional military means. Cyber operations, cyber crime, and other forms of cyber activities directed by one state against another are now considered part of the normal relations range of combat and conflict, and the rising fear of cyber conflict has brought about a reorientation of military affairs. What is the reality of this threat? Is it actual or inflated, fear or fact-based? Taking a bold stand against the mainstream wisdom, Valeriano and Maness argue that there is very little evidence that cyber war is, or is likely to become, a serious threat. Their claim is empirically grounded, involving a careful analysis of cyber incidents and disputes experienced by international states since 2001, and an examination of the processes leading to cyber conflict. As the authors convincingly show, cyber incidents are a little-used tactic, with low-level intensity and few to no long-term effects. As well, cyber incidents are motivated by the same dynamics that prompt regional conflicts. Based on this evidence, Valeriano and Maness lay out a set of policy recommendations for proper defense against cyber threats that is built on restraint and regionalism.