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This paper analyzes the international law principle of due diligence and its potential role in the United States’ emerging Defend Forward cyber strategy. The authors begin with a brief review of due diligence and recount recent efforts to apply due diligence in cyberspace. They then review past US experience with due diligence and conclude that renewed recognition of this principle might complement the Defend Forward strategy in cyberspace, if appropriately tailored.
Thursday, October 15, 2020 1 min read
This paper analyzes the international law principle of due diligence and its potential role in the United States’ emerging Defend Forward cyber strategy. The authors begin with a brief review of due diligence and recount recent efforts to apply due diligence in cyberspace. They then review past US experience with due diligence and conclude that renewed recognition of this principle might complement the Defend Forward strategy in cyberspace, if appropriately tailored.
Eric Talbot Jensen is the Robert W. Barker Professor of Law at Brigham Young University Law School. Previously, he taught at Fordham University and served in the US Army for more than twenty years as a cavalry officer and a judge advocate. He recently returned from a year as the special counsel to the Department of Defense general counsel.
Sean Watts is a professor in the Department of Law, US Military Academy at West Point, where he codirects the Lieber Institute for the Law of Land Warfare. He is a senior fellow with the NATO Cooperative Cyber Defence Center of Excellence in Tallinn, Estonia. He served in the US Army as a military lawyer and an armor officer.
