International Law

South Korea’s Options in Responding to North Korean Cyberattacks

Abstract:

North Korea has increasingly mounted cyberattacks against South Korea. This paper first examines the dramatic differences between North and South Korea in cyberspace and the history of North Korean cyberattacks. Most of these attacks are easy to attribute for three reasons: they often come from addresses known to be used by North Korea; they often occur on Korean anniversaries; and they often use similar methods and attack code. In this article, the authors discuss possible responses by South Korea. Responses to these attacks begin with invoking  international  law  and  imposing  sanctions.  Next,  South  Korea  can  strengthen  its defences by improving coordination between the government and the private sector. Finally, South Korea could, justifiably, launch counterattacks.

Cross-Border Law Enforcement: Gathering of Stored Electronic Evidence

Abstract:

The investigation of cybercrime committed across national borders can only be effectively addressed if law enforcement authorities may gather electronic evidence with specific reference to cross-border stored evidence. The legal question arises as to whether a country’s law enforcement agency has extra-territorial remote and unilateral powers to access evidence stored in the cloud in another country or whether law enforcement authorities must use preestablished formal channels of cooperation, such as Mutual Legal Assistance Treaties (MLATs).

Information Warfare, Revolutions in Military Affairs, and International Law

ABSTRACT

International law is relevant to information warfare and the revolution in military affairs. This paper analyzes traditional laws of war or international humanitarian law, and human rights law, in terms of applicability to information warfare. For the purpose of this analysis, the revolution in military affairs is subsumed within information warfare. There is a requirement in international law for signatories to the Geneva Conventions to assess new forms of warfare in terms of lawfulness. It seems that such analyses have been performed but results remain secret. This paper concludes it is likely that many aspects of information warfare and associated information operations involve unlawful actions. Information warfare is taking on a scope far wider than traditional battlefield operations of warfare, but this broad definition of warfare is consistent with the concept of warfare set out by Grotius, who is perhaps the key founder of international law. There is no good reason why many principles of international law do not apply to non-state actors. A further jurisprudential conclusion is that current developments in human rights law may be leading to the emergence of a new codified international personal law that is independent of custom or religion.

International Legal Issues and Approaches Regarding Information Warfare

ABSTRACT

The purpose of this analysis is to point out a few issues regarding the compatibility between international legal provisions on armed conflict and the new forms of warfare that the evolution of information technology enables nowadays.

Exercising State Sovereignty in Cyberspace: An International Cyber-Order under Construction?

ABSTRACT

Cyberspace is erroneously characterized as a domain that transcends physical space and thereby is immune to state sovereignty and resistant to international regulation.  The purpose of this paper is to signify that cyberspace, in common with the other four  domains (land, sea, air and outer space) and despite its unique characteristics, is just a reflection of the current international system and, thereby, is largely affected by the rules that characterize it. The issue of state sovereignty in cyberspace raises critical questions about the need to regulate the cyber domain and gradually reach an international cyber-order.

Journal of Information Warfare

The definitive publication for the best and latest research and analysis on information warfare, information operations, and cyber crime. Available in traditional hard copy or online.

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The definitive publication for the best and latest research and analysis on information warfare, information operations, and cyber crime. Available in traditional hard copy or online.

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