From: Council on Foreign Relations
Ashley Deeks is an associate professor at the University of Virginia Law School. She formerly served in the State Department’s Office of the Legal Adviser and was an international affairs fellow at the Council on Foreign Relations.
This past week, the NATO Cooperative Cyber Defense Center of Excellence put on its annual Cyber Conflict (CyCon) conference in Tallinn, Estonia. Rather than summarize some of the panels, which offered important insights into the most pressing issues in the cyber arena, this post looks across those panels to identify common themes that arose during the conference. At least one important refrain emerged: an anxiety about the lack of a robust, clear legal framework within which to conduct and evaluate cyber operations.
Grappling with the Rules—or Lack Thereof
This was not a legal conference. Indeed, part of its appeal is that it brings together a mix of technologists, military officials, academics, lawyers, and corporate officials. Nevertheless, one of the most noticeable themes I detected across panels was a strong interest in increasing the clarity of international law regulating cyber operations. Senior policy speakers such as Adm. Mike Rodgers and NATO Assistant Secretary General Sorin Ducaru repeatedly referred to the importance of operating in accordance with the law. Many at the conference seemed to view legal rules as promoting stability and, therefore, security.
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