Hackers and Privateers: The Analogy and the Attribution of Cyberattacks by Non-state Actors

VOSTOUPAL, Jakub. Hackers and Privateers: The Analogy and the Attribution of Cyberattacks by Non-state Actors. In Cyberspace 2022. 2022.

Basic information

• Original name: Hackers and Privateers: The Analogy and the Attribution of Cyberattacks by Non-state Actors
• Authors: VOSTOUPAL, Jakub.
• Edition: Cyberspace 2022, 2022.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50500 5.5 Law
• Country of publisher: Czech Republic
• Confidentiality degree: is not subject to a state or trade secret
• WWW: Odkaz na úplný program konference Odkaz na stránky konference
• Organization unit: Faculty of Law
• Keywords (in Czech): kybernetická bezpečnost; přičitatelnost; nestátní aktéři; korzárství; atribuční problém
• Keywords in English: cybersecurity; attribution; non-state actor; privateering; the attribution problem
• Tags: kybernetická bezpečnost, kybernetické útoky, odpovědnost státu, Přičitatelnost
• Tags: International impact, Reviewed

Abstract

Although most of the popular depictions of privateers and pirates come from the West (most notably Pirates of the Caribbean) and East Indies from the Golden Age of Piracy, the legal origins of the practice (Privateering) come from the Mediterranean and are much older. It was during the 13th century when the Barbary states backed by the Ottoman Empire started exploiting European powers' overall lack of professional navies and raiding (primarily) merchant vessels. The practice of employing private parties, especially in the absence of professional capabilities, was adopted by the rest of the European powers and was an effective way of projecting state power for many centuries, until after the Napoleonic Wars.  This practice is not entirely without an analogy in the modern world. In this article, I explore the similarities and differences between utilizing privateers and employing non-state actors (hacker groups) to execute cyberattacks against other state actors, especially in the matter of attributing these attacks. I focus on the relevant aspects of the jus ad Bellum and jus in Bello regimes, and inspired by this historical analogy, I try to propose a possible future evolution of the Attribution problem.

Links

• MUNI/A/1484/2021, interní kód MU: Name: Právo a technologie X (Acronym: PAT X)

Investor: Masaryk University