5,050 research outputs found

    Peacetime cyber responses and wartime cyber operations under international law: an analytical vade mecum

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    Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations examines the application of extant international law principles and rules to cyber activities occurring during both peacetime and armed conflict. It was intended by the two International Groups of Experts that drafted it to be a useful tool for analysis of cyber operations. The manual comprises 154 Rules, together with commentary explaining the source and application of the Rules. However, as a compendium of rules and commentary, the manual merely sets forth the law. In this article, the director of the Tallinn Manual Project offers a roadmap for thinking through cyber operations from the perspective of international law. Two flowcharts are provided, one addressing state responses to peacetime cyber operations, the other analyzing cyber attacks that take place during armed conflicts. The text explains each step in the analytical process. Together, they serve as a vade mecum designed to guide government legal advisers and others through the analytical process that applies in these two situations, which tend to be the focus of great state concern. Readers are cautioned that the article represents but a skeleton of the requisite analysis and therefore should be used in conjunction with the more robust and granular examination of the subjects set forth in Tallinn Manual 2.0

    Artificial in its own right

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    Artificial Cells, , Artificial Ecologies, Artificial Intelligence, Bio-Inspired Hardware Systems, Computational Autopoiesis, Computational Biology, Computational Embryology, Computational Evolution, Morphogenesis, Cyborgization, Digital Evolution, Evolvable Hardware, Cyborgs, Mathematical Biology, Nanotechnology, Posthuman, Transhuman

    The nature of international law cyber norms

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    The special expanded issue of the NATO Cooperative Cyber Defence Centre of Excellence's Tallinn Papers examines the nature, formation and evolution of international legal norms governing cyber activities. The inquiry’s foundational premise is that the rules of international law governing cyber activities are identical to those applicable to other types of conduct. Any differences in their explication and application are the product of the unique nature of cyber activities, not a variation in the legal strictures that shape their content and usage. It conducts the examination by genre of legal norm: treaty, customary law and general principles

    Cyber-Syndrome: Concept, Theoretical Characterization, and Control Mechanism

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    The prevalence of social media and mobile computing has led to intensive user engagement in the emergent Cyber-Physical-Social-Thinking (CPST) space. However, the easy access, the lack of governance, and excessive use has generated a raft of new behaviors within CPST, which affects users' physical, social, and mental states. In this paper, we conceive the Cyber-Syndrome concept to denote the collection of cyber disorders due to excessive or problematic Cyberspace interactions based on CPST theories. Then we characterize the Cyber-Syndrome concept in terms of Maslow's theory of Needs, from which we establish an in-depth theoretical understanding of Cyber-Syndrome from its etiology, formation, symptoms, and manifestations. Finally, we propose an entropy-based Cyber-Syndrome control mechanism for its computation and management. The goal of this study is to give new insights into this rising phenomenon and offer guidance for further research and development.<br/

    “On target”: precision and balance in the contemporary law of targeting

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    The law of targeting lies at the heart of international humanitarian law (IHL). As such it is the fulcrum around which discussion of combat operations revolves. The efficacy of this body of law depends on maintenance of the delicate balance between military necessity and humanitarian concerns. Mischaracterization or misapplication of IHL norms risks imbalance, thereby jeopardizing the innocent and potentially eroding State support for IHL’s application. Regrettably, while some of the current debate and commentary surrounding, inter alia, drone operations, autonomous weapons systems, cyber operations, and the current conflicts in Afghanistan, Syria, Yemen, Somalia, and Ukraine, to name just a few, is highly sophisticated, much of it has been characterized by imprecise, skewed, or wrong assertions regarding the law of targeting. It is therefore a propitious moment to revisit the structure and content of targeting law. After briefly placing the law of targeting in the broader context of IHL, this article examines the five constituent elements of a targeting operation: (1) target; (2) weapon; (3) execution of the attack; (4) collateral damage and incidental injury; and (5) location. The legality of an engagement depends on full compliance with the rules falling into each category

    Birthing pains: How cyborgs refigure medical bodies, technologies, and objectives

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    Cyborgs are polymorphic and not yet visibly different from humans in part because cyborgic technologies have just been developed, in part because we are not trained to see how the post human arises. The birth of cyborgs alters the core of medicine from disease-containment and death-assessment to enhancement of function and image, to transgression of previous natural bounds as established by the possibility of space and oceanic travel. Cyborgs, as postmodern/ posthuman products of medicine, make visible the current shift in the construction of medical bodies, technologies, and objectives. Medical bodies have been determined by a conception of patienthood or diseased body. The connection of body and disease as distinct species happened in the medical enclosure: the hospital-clinic, during mid-late 19th century. In the hospital-clinic, the medical body has been clearly mapped in terms of disease identity or malfunction, and it has encountered medical technologies used to aid in diagnosis. The patient-doctor relationship has shifted because of the revolution in instrumentation at the turn of the century. Another shift can be discerned, as it is again mirrored in the relations of doctor-patient, as it has been re-structured through cyberspace and expert systems. Clearly, the revolution or scientification of medicine has been fueled by the tuberculosis crisis as it challenged medical and political institutions. A similar crisis has occurred with AIDS: is cyborg-technology the fulfillment of the modem dream of immortality and total control in the face of the epidemic? An easy answer to such question cannot be produced. Cyborgs are a product of the meeting of natural and human sciences through cybernetics. Their existence and proliferation destabilize assumptions at the philosophical foundations of knowledge and medicine as well as our conceptions of identity and rights, through an unsettling of the connection between community-individuality, of the distinction between private and public domains

    Fair Use and the Fairer Sex: Gender, Feminism, and Copyright Law

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    Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined by legal scholars, in helping to sustain the material and economic inequality between women and men. This essay considers some of the ways in which gender issues and copyright laws intersect, proposes a feminist critique of the copyright legal regime which advocates low levels of copyright protections, and asserts the importance of considering the social and economic disparities between women and men when evaluating the impacts and performance of intellectual property laws

    Why must you be mean to me? Crime and the online persona

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    The law of cyber targeting

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    Cyber technology on the battlefield has outpaced the law, or at least full understanding of how extant law governs emerging capabilities—a strategically perilous state of affairs
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