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Feb
14

Workshop: Low Intensity Cyber Operations – The International Legal Regime

From: NATO Cooperative Cyber Defence Centre of Excellence

Time: 17-18 February

Place: Tartu, Estonia

Organisers: NATO CCD COE and the University of Tartu, in cooperation with the Baltic Yearbook of International Law, Estonian Foreign Policy Institute and Stockton Center for the Study of International Law at the US Naval War College

Participation: Only for invited individuals

Workshop proceedings will be published in the 2014 Baltic Yearbook of International Law.

Academic efforts regarding cyber activities have to date focused on the most destructive cyber operations, including those that can be regarded as ‘armed attacks’ or that are taking place during an armed conflict. Noteworthy in this regard is the recent publication of the Tallinn Manual on the International Law Applicable to Cyber Warfare. However, scholarship is only now beginning to examine the public international law governing operations that remain below those thresholds. It is precisely such non-destructive attacks, like those causing significant financial loss or that are disruptive of online services, that States have most often faced. Therefore, an understanding of the appropriate legal frameworks is of high practical value for States.

“Low Intensity Cyber Operations – The International Legal Regime” is a unique workshop because it will bring together scholars from various parts of the world and create a dialogue between regions that have  tended to operate independently rather than cooperatively. The participants come from China, Belarus, Estonia, France, Germany, the Netherlands, Russia, Slovenia, the United Kingdom and the United States.

The workshop is co-directed by Prof. Michael Schmitt (United States Naval War College, University of Exeter, NATO CCD COE Senior Fellow), Prof. Lauri Mälksoo (University of Tartu, Estonian Foreign Policy Institute) and Ms Liis Vihul (NATO CCD COE). The following topics will be addressed at the event:

Panel on Strategic Interests in Cyberspace and International Law COL Paul Ducheine, Netherlands Defence Academy, Netherlands Ministry of Defence. ‘The Use of Cyberspace in Order to Inform and Influence Actors, and the Surrounding Legal Framework’ Mr Erki Kodar, Estonian Ministry of Defence, University of Tartu. ‘The Fight over the Future of Cyber Law – The West and the Rest?’ Prof. Lauri Mälksoo ‘Concept of the Strategy for Cyber Security in Russia’

Panel on the International Law of Controlling Activities in Cyberspace Dr Karine Bannelier-Christakis, University Grenoble-Alpes. ‘A Low Intensity Due Diligence Principle for Low Intensity Cyber Operations?’ Prof. Eric Jensen, Brigham Young University. ‘Obligation of States to Prevent Cyber Activities from their Territories Harming Other States’

Panel on Sovereignty in Cyberspace Prof. Andrey Kozik, International University “MITSO”. ‘State Sovereignty and Cyberspace’ Prof. Sean Watts, Creighton University, NATO CCD COE Senior Fellow.‘The Prohibition of Intervention in Cyberspace’

Panel on Responding to Hostile Cyber Operations Prof. Huang Zhixiong, Wuhan University. ‘The Attribution Rules in ILC’s Draft Articles on State Responsibility: A Preliminary Assessment on Their Application to Cyber Operations’ Prof. Eduard Ivanov, Moscow Higher School of Economics. ‘Measures on Combating Cyberterrorism under International Law’ Prof. Nicholas Tsagourias, University of Sheffield. ‘Countermeasures Against Low Intensity Cyber Operations’ Dr Vasilka Sancin, University of Ljubljana, Institute for International Law and International Relations. ‘The Doctrine of Necessity in the Cyber Context’

Panel on Miscellaneous Topics Ms Kadri Kaska, NATO CCD COE. ‘International Telecommunications Law: The Role of ITU in the Regulation of Cyberspace’ Dr René Värk, University of Tartu, Estonian National Defence College.‘Diplomatic and Consular Privileges and Immunities in Relation to the Cyber Domain’

The workshop will be opened by COL Artur Suzik, Director of NATO CCD COE. Prof. Michael Schmitt will close the workshop by providing his observations from the two days.

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