Re-Thinking the Boundaries of Law in Cyberspace
Duncan B. Hollis · Oxford University Press eBooks · 2015
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.