ABSTRACT
2020 promises to be the year of Russian ‘patriotic hackers’ interfering in the U.S. presidential election and state-sponsored cyber-agents taking near war tensions between the U.S. and Iran to a computer network near you; inevitably, cyber-criminals are likely to exploit the ensuing chaos to hack, steal, and ransom with impunity. As it stands, the dominant cyberlaw paradigm as expressed in the 2017 NATO-led Tallinn Manual 2.0 has no realistic means to respond to or prevent these scenarios: it is stuck choosing between escalating cyber-reprisals on the one hand (sometimes conveniently or falsely attributing criminal cyber-conduct to state agents to justify a response) and paralysis to avoid such escalation on the other. This Article submits that the cyberlaw paradigm is stuck in a false dichotomy – and that this false dichotomy can only be resolved if we gain a better understanding of the legal nature of cyberspace itself.
The Article is the first to establish that cyberspace as a matter of property law consists of a global web of correlative rights protected by means of a general nuisance principle …
Sourgens, Freddy G, Cyber-Nuisance (February 1, 2020). University of Pennsylvania Journal of International Law, forthcoming.
First posted 2020-06-19 05:42:01
Leave a Reply