Description Of Issue And Problem Statement

1497 Words Feb 16th, 2016 6 Pages
DESCRIPTION OF ISSUE / PROBLEM STATEMENT
1. Current International Law permits a limited response to what is defined as “use of force” from Article 2(4) of the UN charter as an “act of war” for cyber-attacks that involve damage or death that would be similar in nature to a kinetic attack. The problem that arises is when a cyber-attack is considered an unlawful use of force.1 and what that means for when the victim state can respond and to what level are they allowed under international law. As cyberattacks continue to change and increase in nature the US government needs a coordinated and well thought out approach that is able to deter future cyber-attacks that are considered an act of war and setting precedence. The US state department took an active stance on this in 2012 where Mr.Koh as Department of State Legal Advisor laid out what it considers to be a use of force, “ Cyber activities that proximately result in death, injury, or significant destruction would likely be viewed as a use of force”. The issue that arises is how to respond, and when to respond. Interpol can take from 3 to 6 months to pass a request over to local police agencies for following up. This timeline plus the time for attribution leaves a gap for attackers to cover their tracks. Additionally the US needs to develop a policy that follows Mr.Koh’s position by giving clarity to certain markers that can be used in determining what is considered a use of force, as an example the difference…
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