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Defining Cybersecurity Due Diligence Under International Law: Lessons from the Private Sector

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dc.contributor.author Shackelford, Scott
dc.contributor.author Russell, Scott
dc.contributor.author Kuehn, Andreas
dc.date.accessioned 2017-01-25T21:03:57Z
dc.date.available 2017-01-25T21:03:57Z
dc.date.issued 2015 en_US
dc.identifier.uri https://hdl.handle.net/10535/10253
dc.description.abstract "Although there has been a relative abundance of work done on exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to their respective private sectors and to one another. The International Court of Justice (ICJ) has not explicitly considered the legality of cyber weapons to this point, though it has ruled in the Corfu Channel case that one country’s territory should not be 'used for acts that unlawfully harm other States.' But what steps exactly do nations and companies under their jurisdiction have to take under international law to secure their networks, and what of the rights and responsibilities of transit states? This Article reviews the arguments surrounding the creation of a cybersecurity due diligence norm and argues for a proactive regime that takes into account the common but differentiated responsibilities of public- and private-sector actors in cyberspace. The analogy is drawn to cybersecurity due diligence in the private sector and the experience of the 2014 National Institute of Standards and Technology (NIST) Framework to help guide and broaden the discussion." en_US
dc.language English en_US
dc.relation.ispartofseries Kelley School of Business Research Paper No. 15-41 en_US
dc.subject cybersecurity en_US
dc.title Defining Cybersecurity Due Diligence Under International Law: Lessons from the Private Sector en_US
dc.type Working Paper en_US
dc.type.methodology Case Study en_US
dc.publisher.workingpaperseries Kelley School of Business, Indiana University en_US
dc.subject.sector Information & Knowledge en_US

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