Jump to ContentJump to Main Navigation
Cyber WarLaw and Ethics for Virtual Conflicts$
Users without a subscription are not able to see the full content.

Jens David Ohlin, Kevin Govern, and Claire Finkelstein

Print publication date: 2015

Print ISBN-13: 9780198717492

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198717492.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 April 2020

Re-Thinking the Boundaries of Law in Cyberspace

Re-Thinking the Boundaries of Law in Cyberspace

A Duty to Hack?

(p.129) 7 Re-Thinking the Boundaries of Law in Cyberspace
Cyber War

Duncan B Hollis

Oxford University Press

This chapter proposes re-thinking legal boundaries in cyberspace generally and for state cyber operations in particular. It asks if the current emphasis on drawing law from boundaries and boundaries from law is a sufficient or effective way to regulate cyberspace and its conflicts. Section I examines invocations of borders to generate legal authority in cyberspace. Section II undertakes a similar effort with respect to borders drawn between and within legal regimes in international law such as those for the use of force. Section III offers a case study of international humanitarian law’s (IHL) boundaries for the means and methods of warfare. It suggests that IHL adopt a Duty to Hack, reviewing both the benefits and costs of doing so given existing efforts to apply IHL by analogy.

Keywords:   cyberwarfare, cyberwar, cyberspace, cyber governance, legal boundaries, international humanitarian law, use of force

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .