Securing cyber space

the obligation of States to prevent harmful international cyber operations

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

The paper argues that the obligation of States to prevent harmful international activities perpetrated within their territory, or any other area under their exclusive control, applies to activities conducted in cyber space. Thus, a State is bound by an obligation to prevent detrimental cyber conduct committed from its territory or transiting through its territory, or any other area under its exclusive control, when it knows or should have known of the conduct, when the conduct contradicts the rights of another State, and when it may cause or is causing serious harm. Where a State is aware or should have been aware of the misuse of its territorial cyber infrastructure, the State must attempt to prevent or to react to the harmful transboundary operation, applying all reasonable measures. The content of the obligation of due diligence to prevent damaging cross-border cyber activities depends on the economic, financial and human resources of the State. The paper concludes that the obligation to preclude harmful international cyber operations constitutes only a first step in securing information and communication technology and should be sustained and improved by the introduction of a treaty on cyber security.
Original languageEnglish
Pages (from-to)37-57
Number of pages21
JournalInternational Review of Law, Computers & Technology
Volume32
Issue number1
Early online date2 Jan 2018
DOIs
Publication statusPublished - Apr 2018

Fingerprint

obligation
International cooperation
Personnel
Economics
Communication
human resources
treaty
communication technology
information technology
infrastructure
cause
economics

Keywords

  • States
  • obligation to prevent
  • harmful international cyber operations

Cite this

@article{73c5aa4e98c74a5e9a1f89eed1e39ae8,
title = "Securing cyber space: the obligation of States to prevent harmful international cyber operations",
abstract = "The paper argues that the obligation of States to prevent harmful international activities perpetrated within their territory, or any other area under their exclusive control, applies to activities conducted in cyber space. Thus, a State is bound by an obligation to prevent detrimental cyber conduct committed from its territory or transiting through its territory, or any other area under its exclusive control, when it knows or should have known of the conduct, when the conduct contradicts the rights of another State, and when it may cause or is causing serious harm. Where a State is aware or should have been aware of the misuse of its territorial cyber infrastructure, the State must attempt to prevent or to react to the harmful transboundary operation, applying all reasonable measures. The content of the obligation of due diligence to prevent damaging cross-border cyber activities depends on the economic, financial and human resources of the State. The paper concludes that the obligation to preclude harmful international cyber operations constitutes only a first step in securing information and communication technology and should be sustained and improved by the introduction of a treaty on cyber security.",
keywords = "States, obligation to prevent , harmful international cyber operations",
author = "Ir{\`e}ne Couzigou",
year = "2018",
month = "4",
doi = "10.1080/13600869.2018.1417763",
language = "English",
volume = "32",
pages = "37--57",
journal = "International Review of Law, Computers & Technology",
issn = "1360-0869",
publisher = "Routledge",
number = "1",

}

TY - JOUR

T1 - Securing cyber space

T2 - the obligation of States to prevent harmful international cyber operations

AU - Couzigou, Irène

PY - 2018/4

Y1 - 2018/4

N2 - The paper argues that the obligation of States to prevent harmful international activities perpetrated within their territory, or any other area under their exclusive control, applies to activities conducted in cyber space. Thus, a State is bound by an obligation to prevent detrimental cyber conduct committed from its territory or transiting through its territory, or any other area under its exclusive control, when it knows or should have known of the conduct, when the conduct contradicts the rights of another State, and when it may cause or is causing serious harm. Where a State is aware or should have been aware of the misuse of its territorial cyber infrastructure, the State must attempt to prevent or to react to the harmful transboundary operation, applying all reasonable measures. The content of the obligation of due diligence to prevent damaging cross-border cyber activities depends on the economic, financial and human resources of the State. The paper concludes that the obligation to preclude harmful international cyber operations constitutes only a first step in securing information and communication technology and should be sustained and improved by the introduction of a treaty on cyber security.

AB - The paper argues that the obligation of States to prevent harmful international activities perpetrated within their territory, or any other area under their exclusive control, applies to activities conducted in cyber space. Thus, a State is bound by an obligation to prevent detrimental cyber conduct committed from its territory or transiting through its territory, or any other area under its exclusive control, when it knows or should have known of the conduct, when the conduct contradicts the rights of another State, and when it may cause or is causing serious harm. Where a State is aware or should have been aware of the misuse of its territorial cyber infrastructure, the State must attempt to prevent or to react to the harmful transboundary operation, applying all reasonable measures. The content of the obligation of due diligence to prevent damaging cross-border cyber activities depends on the economic, financial and human resources of the State. The paper concludes that the obligation to preclude harmful international cyber operations constitutes only a first step in securing information and communication technology and should be sustained and improved by the introduction of a treaty on cyber security.

KW - States

KW - obligation to prevent

KW - harmful international cyber operations

U2 - 10.1080/13600869.2018.1417763

DO - 10.1080/13600869.2018.1417763

M3 - Article

VL - 32

SP - 37

EP - 57

JO - International Review of Law, Computers & Technology

JF - International Review of Law, Computers & Technology

SN - 1360-0869

IS - 1

ER -