Adverse Cyber Operations: Causality, Attribution, Evidence, and Due Diligence
Abstract
Digitalization has driven the interconnectedness and interdependence of the world in an unprecedented way, especially through the creation and expansion of cyberspace. Unsurprisingly, as with almost any highly innovative technological advances, the manifest and enormous benefits of digital globalization are accompanied by serious risks and unforeseen challenges. This article will focus on those causality and attribution problems. These problems form the focal points of the debate concerning responses to adverse cyber operations. Both causality and attribution lead to evidentiary questions, such as which party bears the burden of proof and what the applicable standard of proof is when a party alleges a breach of an international obligation. This article will address these questions and related evidentiary questions. We argue that, with regard to adverse cyber operations, causality, attribution, and evidentiary issues are also, and decisively, informed by the exercise of due diligence (or lack thereof) by the State of origin, that is, the State from whose territory the adverse cyber operation originates. Accordingly, in Part III, we address due diligence requirements for States when cyberspace activities occur within their territory.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 01, 2019
- Accession Number
- AD1115707
Entities
People
- Hans-georg Dederer
- Tassilo Singer
Organizations
- University of Passau