With the development of technologies, Cyber Attacks have been increased rapidly in the past few years. Probability of causing damage to critical state infrastructure like nuclear or defense system, air traffic control, other governmental institutions, business and citizens leads to the problematic issue of its attribution, which is being highly debated in international Law. This Article by Nicholas Tsagourias makes contribution in that debate and revolves around the question of ascription of cyber-attacks as an armed attack and the right of self defense by the victim state in response to such attacks. However, the law of war requires that the cyber-attack must be attributed before a counterattack is permitted. This Article critically evaluates different obstacles of attribution like anonymity (determination of attacker’s identity), attack from different jurisdictions, and presentation of evidence in order to exercise the right of self defense by throwing the light on various political, technical and legal aspects.
Context
Article 51 preserves the "right of individual or collective self defense if an armed attack occurs..." Therefore, the right of self defense can be exercised when an issue becomes complicated and reaches to a particular level of intensity between states or a state and organized and identified group, which may result into injuries of individuals and destruction of objects and properties. But in cyber-attack, chances are less to cause immediate human injuries. The author of the article provides brief detail on some important issues for example how to deal with a cyber-attack by a non-state actor. So this essay emphasizes that Cyber warfare laws require more development and a proper framework because states may fea...
... middle of paper ...
... the response of armed attack, Burdon of proof and the state control over its entities. International Court of Justice in Nicaragua Cas holds that a state is liable for the actions of “paramilitaries or non-State actors only if the actors in question act in ‘complete dependence’ on the state. Whereas the opposing “overall control” standard set forth in Prosecutor v. Tadic which holds that “where a State has a role in organizing, coordinating, and providing support for a group, the group’s acts are attributable to the State.
International Law has different view on burden of proof. ICJ has made criticism on the concept of overall control because there was no effective control by the Serbian government over the acts took place. Its finding regarding the culpability of Serbia was, Serbia’s guilt must be proven beyond any doubt, rather than beyond a reasonable doubt.
At this juncture, it may be somewhat difficult to accept the proposition that a threat to the telecommunications grid, both wired and wireless, in the United States could potentially be subject to a catastrophic cyber attack. After careful research on the subject, it appears the potentiality of an event of such magnitude, which either disrupts one or the other grids for a long period or destroys either, is both theoretically and realistically impossible. It may be that proponents—those who advance such theories—equate such “doomsday” scenarios as if a cyber attack would or could be of the same magnitude as a conventional or nuclear military strike. Terms such as “cyber Pearl Harbor,” “cyber 9/11” and “cyber Vietnam” have been used to describes potential catastrophic cyber attacks and yet, “Though many have posited notions on what a ‘real’ cyber war would be like, we lack the understanding of how such conflicts will be conducted and evolve.” (Rattray & Healey, 2010, p. 77). Yet, the U.S. government continues to focus on such events, as if the plausibility of small-scale cyber attacks were not as pressing.
The recent horrific attacks on France highlighted one of the number one threats to Homeland Security, which is the evolving terrorist. The Evolving terrorist threat is of major concern since 9/11 because “its demonstrated and continued interest in advancing plots to attack the United States” (). A major concern in this area for the United States is the propaganda that is used to motivate individuals who have not participated in terrorist activities or traveled to conflict zones, teaching and training them to plot and carry out attacks on civilian populations. Another huge concern to Homeland security is the threat to our cyber-physical infrastructure. “A vast array of interdependent information technology network, systems, services, and resources enable communication, facilitate travel, power our homes, run our economy and provide essential government services” (). The everyday citizen is so reliant on technology and everything in our country is so interconnected that if the cyber-physical infrastructure would to be compromised it would create a devastating chain reaction across the country. The third concern for Homeland Security is the threat of a pandemic. Even though it is noted as being a very low probability, the impact of it happening even once would be very high impact. “Increasing global
Founded by the Monterey Group (Terrorism Committee for the U.S. Legislature), the United States adopted a three-level categorization for cyber-terror including simple-unstructured, advanced-structures, and complex-coordinated (Findlay, 2014). At the first level of cyber-terror is a simple unstructured attack. Under this category, a simple-unstructured attack involves very diminutive target analysis, command and control, or learning skills. This type of attack is normally planned within a matter of months and targets a general organization. Next is the level of an advanced-structured attack, which requires a straightforward target analysis, command and control, learning skills, and a high amount of planning in order to cause extensive damage. For example, in 2007, there was a three-week period of cyber-attacks on Estonia (located in Northern Europe), which targeted the country’s government, financial, and security divisions. Due to the extensive planning of this sophisticated attack, Estonia’s government was thrown into chaos and was unable to operate at full capacity. Finally, at the last level of cyber terrorism is the complex-coordinated attack (Extremely rare). At the highest level of terror, these attacks require substantial time, specialized skills, resources, and a highly capable target analysis. One of these substantially rare attacks
Many nations in the world - the United States, China, Russia, Iran, Germany, and more- use cyber warfare as a method of conducting sabotage and espionage. Nations, such as China and Russia, use espionage in order to prevent their economy and their military technology from falling behind by stealing advanced nations’ technology. Other nations, including Israel and Iran, focus on sabotaging other nations to cripple them, by sending malwares that destroy important data on the system, from advancing their technology and costing them a decent amount of money due to repairs. Another popular cyber attack used, mainly with hacktivist, government- sympathetic groups not owned by the government, and nations less advanced in technology, is Denial-of-service, or DoS. DoS is used to hinder the target’s website and other things that are maintained by computers by making it unavailable to intended users. People argue there are no benefits for cyber warfare due to its potential destructive powers and instant process of destruction. While other people-looking from a different view find that cyber warfare does have its benefits. They argue that an important benefit is that cyber warfare takes place in cyber space meaning that it does not physically harm people. They also argue that cyber warfare draws the awareness of the nation on the ever increasing dangers of cyber warfare and forces the government to set up stronger cyber security to fend off international attacks, which also help protect the government from internal hackers. It also creates more jobs for hackers, who use their knowledge to increase the security instead of harm it. Although cyber warfare produces damaging effects on a nation, in the long run, it crea...
The ability to conduct warfare through technological methods has increased information security awareness and the need to protect an entities infrastructure. Subsequently, cyber warfare produces increased risk to security practitioners that employ technology and other methods to mitigate risks to information and the various systems that hold or transmit data. A significant risk to information lies in the conduct of electronic commerce, hereinafter called e-commerce. E-commerce is the purchasing or selling of goods and/or services through the internet or other electronic means (Liu, Chen, Huang, & Yang, 2013). In this article, the researcher will discuss cyber warfare risks, present an evaluation on established security measures, identify potential victims of identity theft, and present an examina...
In today’s society technology is used for everything. With the invention of computers and the internet this open doors to the cyber world. Today you can do almost anything without having to leave your home. The internet gives us the opportunity of shopping online, ordering food online, working from home and video chatting with friends and family across the world. Everyone has a computer and internet access in their homes. While the internet is really convenient it also opens doors for cybercrimes, loss of privacy and the need for computer security.
On 1 January, an explosion occurred in the capital city of Volvor by a non state organization “The Assassin” based in the territory of Polor. In which, the state property was damaged and numerous civilians were killed. No involvement by the sate of Polor was proved and it also claimed to be impotent in order to preclude the activities of the organization. While exercising the right of self defence under Article 51 of the UN Charter, state of Volvor attacked in the territory of Polar considering it to be the headquarter of “The Assassin” with the aim of bringing the main leader of the organisation to justice. As a result, not only the aim of targeting the leaders was accomplished but plentiful casualties of innocent civilians took place during the retaliation. The question requires the discussion of law with regard to the legality of the use of force in self defence against armed attack by the non state actors as an entity within the territory of a foreign state, along with the principle of necessity and proportionality.
...communication technology have led to more dependency to internet connectivity. As world is changing into a global village cyber space has turned up the busiest and easily accessible market. Terrorists used this technique because it is very low cost, easy to manage or control and less chance to be apprehended. Terrorist easily achieve their goals by using this field of terrorism. Many states faced the menace of cyber terrorism which leads towards the disruption of their infrastructure, loss of data system jeopardizing their internal security and many more. Some states have taken strong measures against these attacks like US whose Department of Defense worked to tackle these threats. It is necessary that on international level states must cooperate with each other and promote those organizations which are formed only to stop the threat of cyber terrorism.
“On domains: cyber and the practice of warfare.” International Journal 69.3 (2014): 394+. Academic OneFile. Web. The Web.
National and International Security is a sum of the actions taken by countries and other organizations that can guarantee the safety and well being of their population. It is vital for a nation to pre-emptively discover what issues could affect their security, and take action to prevent any detrimental or harmful events from happening. With the development of technology and the transition into a more technologically savvy society, cyber security has become one of the most prevalent and important economic and national security issues that the United States will come to face.
Cyber security is the protection of networks, computers, programs and data from attack, damage or unauthorized access. This is important because a great number of our confidential information is on computers and transmit that data across networks to other computers. As of now cyber-attack is one of the transnational issues that we are concern about in the United States. If these private networks were hack our national security infrastructure will be in distress.
...ing the first half of 2007 has revealed that the study found the banking industry as soft target for phishing scams in India.
Cybercrime refers to all forms of crime conducted through a computer or a mobile device using computer networks. It is thus the use of a computer with the aim of intercepting and manipulating content, disrupting communication, stealing or generally destroying others’ information or hardware through a network. Although cybercrime is a worldwide problem and affects both small and big companies, small companies are affected more from the dangers of cybercrime. The rapid advancement in technology is causing tremendous problems to businesses in terms of more sophisticated cyber-attacks. This project is interesting and beneficial because it enlightens one on the dangers of cybercrime, thus preparing individuals to know how to prevent attacks while online, how to reduce the effects of a cyber-attack and how to prevent future
As the internet has evolved it is now a part of many people’s daily lives and with that, many could not function or conduct their daily business or lives without it. It is impressive that we can now communicate and even see someone all the way across the country with just a few clicks of a mouse. But as technology changes and progresses seemingly for the good, many will always find ways to exploit technology and use it with the intent of committing crime, turning a positive tool into a negative one. As such the negative side of the World Wide Web, cybercrime has evolved as just one of the major disadvantages of the internet. Cybercrime itself is a broad term and can and does include any crime that is committed via the internet or computer network including seemingly minor acts as downloading music, to denial of service attacks, to even acts of cyber-terrorism. With the newly formed threat of cybercrime has also come new ways for law enforcement to attack and prevent it as well but with limited resources not much can be changed but to continue to prevent new methods from approaching the cybercrime world. This is not only just in our own neighborhoods but is at an international scale. This paper generates the insight about the overall rise of cybercrime among our societies. The main focus of this paper is to describe the types of computer crimes and its effects on individuals and businesses.
Cybercrime is a global issue plaguing the world. The dictionary defines cybercrime as “crime conducted via the Internet or some other computer network”(Merriam-Webster). The definition remains very broad because the word “cyber” is defined as “relating to the culture of computers, information technology, and virtual reality.” Due to the growing number of people gaining access to the internet, rapid development of technology, and the globalization of the world, more of the world population is becoming susceptible to involvement in cybercrime – whether it be as a victim or a criminal. Cybercrime involves different levels of the world on both the victim and criminal side from an individual citizen, to small groups, businesses, and the government, to the countries of the world. There are different groups from law enforcement agencies to the U.S. Secret Service, that are attempting to combat the problem through cooperation and preemptive efforts. If these groups combined with the public to protect themselves and the country from criminals that commit cybercrime, the nation’s network and technology servers would be much safer for technology users. Clearly, cybercrime is a problem because it puts internet users at risk of being taken advantage of or harmed.