Cyber Attribution: Technical and Legal Approaches and Challenges
Nicholas Tsagourias, Michael Steven Farrell
Abstract
Open-access reader
Nicholas Tsagourias, Michael Steven Farrell
Abstract
Open-access reader
Abstract Considering the role of attribution in the law of state responsibility, this article examines the technical and international law methodologies and determinants used when attributing malicious cyber activities falling below the use-of-force threshold to a state, and identifies the challenges that arise which lead to responsibility gaps. The article goes on to discuss a number of proposals that aim to improve the effectiveness of the attribution process and also close some of the existing responsibility gaps. They include institutional proposals envisaging the creation of an international attribution agency; normative proposals advocating the revision of the legal determinants of attribution; and proposals concerning the standard of proof. The aim of the article is to reconstruct the theory and practice of cyber attribution in order to enhance the regulatory potential of international law in this area.
OpenAlex reports 38 citations for this work. Citation counts describe recorded attention and do not establish research quality.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
Abstract Considering the role of attribution in the law of state responsibility, this article examines the technical and international law methodologies and determinants used when attributing malicious cyber activities falling below the use-of-force threshold to a state, and identifies the challenges that arise which lead to responsibility gaps. The article goes on to discuss a number of proposals that aim to improve the effectiveness of the attribution process and also close some of the existing responsibility gaps. They include institutional proposals envisaging the creation of an international attribution agency; normative proposals advocating the revision of the legal determinants of attribution; and proposals concerning the standard of proof. The aim of the article is to reconstruct the theory and practice of cyber attribution in order to enhance the regulatory potential of international law in this area.
Key concepts: Attribution, Normative, State responsibility, Agency (philosophy), Order (exchange), State (computer science), Process (computing), Law and economics