Cyber Operations and Automatic Hack Backs Under International Law on Necessity
File version
Version of Record (VoR)
Author(s)
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
Size
File type(s)
Location
Abstract
This article examines the use of automatic hack backs under international law on necessity. Hack backs are a form of active defence measure adopted in response to cybersecurity threats that involve effects outside the victim's systems or networks designed to mitigate or prevent the cybersecurity threat. Automatic hack backs are systems that, once activated, are capable of performing these functions without direct human control. The plea of necessity under international law on State responsibility provides a basis on which States can adopt measures that would otherwise be unlawful in order to respond to cyber operations that constitute a grave and imminent against their essential interests. This article argues that the use of automatic hack backs can be justified on the basis of necessity, however, the system would need to be capable of making a range of complex assessments to ensure it meets the strict criteria required by international law. The complexity of systems capable of making these assessments carries a risk unintended effects and escalation of conflict at machine speed.
Journal Title
Computer Law and Security Review
Conference Title
Book Title
Edition
Volume
53
Issue
Thesis Type
Degree Program
School
Publisher link
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
© 2024 The Author(s). Published by Elsevier Ltd. This is an open access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/).
Item Access Status
Note
Access the data
Related item(s)
Subject
Public international law
Law in context
Private law and civil obligations
Persistent link to this record
Citation
Haataja, S, Cyber Operations and Automatic Hack Backs Under International Law on Necessity, Computer Law and Security Review, 2024, 53, pp. 105992