Cyber Attribution: Technical and Legal Approaches and Challenges

Tsagourias, Nicholas; Farrell, Michael

doi:10.1093/ejil/chaa057

Cited by 15 publications

(9 citation statements)

References 4 publications

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“…To overcome this problem, part of the literature promotes attribution by non-State actors, 44 while other commentators support the setting up of a centralised international attribution mechanism, 45 though difficult to implement in the short run, 46 or propose a revision of the attribution determinants as stated by Article 8 of the International Law Commission (ILC) Draft Articles. 47 This kind of solution is in line with other proposals to internationalise the process of attribution, as those made by Microsoft 48 and RAND. 49 Hence, any of the mentioned ways forward entail the development of new rules of international law on this topic.…”

Section: A) Attribution: Rules and Problemssupporting

confidence: 72%

Cybersecurity and Cybercrime: Dynamic Application versus Norm-Development

Segura-Serrano¹

2021

ZaöRV / HJIL

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The earliest approach by international lawyers to the question of cybersecurity was focused on collective security. Regarding this issue, there is consensus on the evolutionary and dynamic application, difficult in any case, of the basic rules concerning the prohibition of the threat and the use of force that already exists in the international order. However, cybersecurity does not only concern peace and security, as it is considered a problematic issue that poses various challenges from other international legal perspectives. This paper aims to analyse cybersecurity from this more holistic approach, pointing out the shortcomings of this evolutionary application as well as the efforts that have been carried out so far in order to promote international cooperation in this field so as to achieve norm-development.

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Section: A) Attribution: Rules and Problemssupporting

confidence: 72%

Cybersecurity and Cybercrime: Dynamic Application versus Norm-Development

Segura-Serrano¹

2021

ZaöRV / HJIL

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“…Attribution is the key to legal proceedings, as without it there are far fewer ways to achieve accountability for individuals or nation states [24]. Attribution of cyber attacks is what legitimizes counter-action by a nation-state [19].…”

Section: Previous Work On Attributionmentioning

confidence: 99%

“…[26] Legal standards for attributions do not take into account the subtle relationships between state and non-state actors, and the commonality of state actors' hiding behind the veil of non-state actors' actions for plausible deniability. [24] Some claim that the only successful attribution approach is one that is holistic and interdisciplinary. Thus, an official law of attribution should be in place, with proper forum, adjudication, and key procedural rules to evaluate potential perpetrators [27].…”

Section: Previous Work On Attributionmentioning

confidence: 99%

Attribution Across Cyber Attack Types: Network Intrusions and Information Operations

Goel

Nussbaum

2021

IEEE Open J. Commun. Soc.

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The objective of this paper is to articulate the problem of attribution in cyber warfare incidents, including, surveillance, data theft, espionage, and misinformation campaigns. As the stakes increase, concerted efforts are being made by intelligence and law enforcement agencies to identify the perpetrators with much painstaking effort. Attribution tools and techniques for malicious activities on the internet are still nascent, relying mainly on technical measurements, the provenance of malicious code, and nontechnical assessments of attack and attacker characteristics to link attack activities to individuals or groups. Attribution of attacks is typically done through a burdensome manual process that relies on both technical analysis and ground intelligence. As a result, this cumbersome and laborious process of attribution is primarily reserved for the most egregious cyber attack cases and those conducted against well resourced organizations. Over time, our attribution abilities have improved, however, this improvement is a two-edged sword: as attribution capabilities improve, internet privacy is increasingly diluted. This paper discusses attribution for two vastly different types of attacks that are central to cyber conflict today: network intrusions and social bot-led misinformation campaigns. The paper discusses the state of the art regarding attribution abilities across both types of attack, provides recommendations for improved attribution, and lays out future research directions.

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“…Cybercrime continues unabatedly and is unlikely to cease. Simply put, cybercrime is too simple to conduct, too profitable to achieve more in less effort and time, and there are too few chances to get caught and get punished [1]. The most technologically adept information technology or tech businesses are on par with high-end cybercriminals in terms of sophistication, and both have embraced latest and sophisticated technologies like cloud computing, artificial intelligence, software-as-a-service, and encryption rapidly [2] [3].…”

Section: Introductionmentioning

confidence: 99%

Appraising the Manifestation of Optimism Bias and Its Impact on Human Perception of Cyber Security: A Meta Analysis

Alnifie¹,

Kim²

2023

JIS

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Cyber threats and risks are increasing exponentially with time. For preventing and defense against these threats and risks, precise risk perception for effective mitigation is the first step. Risk perception is necessary requirement to mitigate risk as it drives the security strategy at the organizational level and human attitude at individual level. Sometime, individuals understand there is a risk that a negative event or incident can occur, but they do not believe there will be a personal impact if the risk comes to realization but instead, they believe that the negative event will impact others. This belief supports the common belief that individuals tend to think of themselves as invulnerable, i.e., optimistically bias about the situation, thus affecting their attitude for taking preventive measures due to inappropriate risk perception or overconfidence. The main motivation of this meta-analysis is to assess that how the cyber optimistic bias or cyber optimism bias affects individual's cyber security risk perception and how it changes their decisions. Applying a meta-analysis, this study found that optimistic bias has an overall negative impact on the cyber security due to the inappropriate risk perception and considering themselves invulnerable by biasing that the threat will not occur to them. Due to the cyber optimism bias, the individual will sometimes share passwords by considering it will not be maliciously used, lack in adopting of preventive measures, ignore security incidents, wrong perception of cyber threats and overconfidence on themselves in the context of cyber security.

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Cyber Attribution: Technical and Legal Approaches and Challenges

Cited by 15 publications

References 4 publications

Cybersecurity and Cybercrime: Dynamic Application versus Norm-Development

Cybersecurity and Cybercrime: Dynamic Application versus Norm-Development

Attribution Across Cyber Attack Types: Network Intrusions and Information Operations

Appraising the Manifestation of Optimism Bias and Its Impact on Human Perception of Cyber Security: A Meta Analysis

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