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Cyber WarLaw and Ethics for Virtual Conflicts$
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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

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Re-Thinking the Boundaries of Law in Cyberspace

Re-Thinking the Boundaries of Law in Cyberspace

A Duty to Hack?

Chapter:
(p.129) 7 Re-Thinking the Boundaries of Law in Cyberspace
Source:
Cyber War
Author(s):

Duncan B Hollis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717492.003.0008

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

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