Cyberattack Attribution As Empowerment And Constraint

by Kristen E. Eichensehr
Friday, January 15, 2021
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When a state seeks to respond to a cyberattack, must it first attribute the attack to the perpetrator responsible? This essay explores the international and US domestic laws governing cyberattack attribution and argues that attribution to another state can bolster the US executive branch’s authority to act pursuant to its Defend Forward policy and, conversely, that the absence of attribution can place the executive on less certain legal footing.  

Cyberattack Attribution as ... by Hoover Institution

About The Author

Kristen E. Eichensehr is the Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor at the University of Virginia School of Law. She is a member of the editorial board of Just Security and an affiliate at the Stanford Center for International Security and Cooperation.

About the Author