scholarly journals The Bumpy Road to a Meaningful International Law of Cyber Attribution

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 191-196 ◽  
Author(s):  
William C. Banks
Keyword(s):  
International Law ◽  
Computer Network ◽  
Network Intrusions ◽  
Attribution Problem

Attributing computer network intrusions has grown in importance as cyber penetrations across sovereign borders have become commonplace. Although advances in technology and forensics have made machine attribution easier in recent years, identifying states or others responsible for cyber intrusions remains challenging. This essay provides an overview of the attribution problem and its international legal dimensions and argues that states must develop accountable attribution mechanisms for international law to have practical value in this sphere.

scholarly journals oportuna e necessária aplicação do Direito Internacional nos ciberespaços: da Convenção de Budapeste à legislação brasileira

2018 ◽  
Vol 7 (1) ◽  
pp. 66-82
Author(s):  
Taís Vasconcelos Cidrão ◽  
Antonio Walber Muniz ◽  
Ana Abigail Alves
Keyword(s):  
International Law ◽  
Computer Network ◽  
Modern World ◽  
The Internet ◽  
Personality Rights ◽  
Criminal Offenses ◽  
Qualitative Nature ◽  
Cyber Crimes ◽  
Bibliographic Study ◽  
Global Computer

O objetivo primordial do presente trabalho é analisar o avanço da legislação brasileira, especialmente as leis 12.737/2012 (Lei Carolina Dieckmann) e 12.965/2014 (lei do Marco Civil da Internet), em diz respeito às inovações nas abordagens quanto aos crimes nos ciberespaços (cibercrimes). Posteriormente, far-se-á uma análise dentro do direito internacional, bem como da Convenção de Budapeste que visa solucionar as questões quanto ao mau uso da internet. Justifica-se o presente estudo através do avanço tecnológico do mundo moderno, que por sua vez contribuiu para a criação de novéis hábitos nas “novíssimas” formas de comunicação, que passaram a se valer de meios inovadores capazes de promover diálogo com as pessoas em tempo real e em qualquer lugar do mundo. Entretanto, não só no Brasil, mas emtodos os países em geral o mau uso da internet tem gerado muitos confrontos que ultrapassam as barreiras fronteiriças, como a prática de atos que violam direitos da personalidade, direito de propriedade intelectual e outros delitos criminais. Desta feita, os problemas que envolvem a internet, geralmente, têm suas repercussões extrapolando a legislação interna de cada Estado, que muitas vezes é insuficiente para resolver tal questão. Acredita-se ser, não só oportuna, mas necessária a utilização do Direito Internacional como opção catalisadora para o combate aos males que envolvem a rede mundial dos computadores. Para isso, será utilizada uma metodologia de pesquisa baseada em estudo bibliográfico de natureza qualitativa, pura em relação ao seu resultado, e descritivo-exploratória quanto aos seus objetivos. Palavras-chave: Direito Internacional. Internet. Cibercrimes.     Abstract: The main objective of this work is to analyze the progress of Brazilian legislation, especially laws 12,737 / 2012 (Carolina Dieckmann Law) and 12,965 / 2014 (Internet Civil Law Law), regarding innovations in approaches to cyber crimes (cybercrimes). Subsequently, an analysis will be made under international law, as well as the Budapest Convention, which will address the issues of misuse of the internet. The present study is justified by the technological advance of the modern world, which in turn has contributed to the creation of new habits in the "newest" forms of communication, which have come to use innovative means capable of promoting dialogue with people in time real and anywhere in the world. However, not only in Brazil, but in all countries in general, the misuse of the Internet has generated many confrontations that go beyond border barriers, such as the practice of acts that violate personality rights, intellectual property rights and other criminal offenses. This time around, the problems involving the Internet generally have their repercussions, extrapolating the internal legislation of each State, which is often insufficient to resolve this issue. It is believed to be not only timely but necessary to use International Law as a catalyst for combating the evils that surround the global computer network. For this, a research methodology based on a bibliographic study of a qualitative nature, pure in relation to its result, and descriptive-exploratory in terms of its objectives will be used. Keywords: International Law. Internet. Cybercrime.

scholarly journals An Enhanced View of Incidence Functions for Applying Graph Theory to Modeling Network Intrusions

2020 ◽  
Vol 17 ◽  
Keyword(s):  
Information Theory ◽  
Graph Theory ◽  
Network Traffic ◽  
Computer Network ◽  
Network Attacks ◽  
Diverse Range ◽  
Incidence Function ◽  
Network Intrusions ◽  
Incidence Functions ◽  
Computer Network Attacks

Graph theory provides a robust tool for modeling a diverse range of subjects. It has been widely applied to computer networks and even network attacks. However, the incidence function in graph theory is often given a cursory treatment. This current research involves applying a range of information theory equations to describe the incidence function in a graph of a computer network. This improves modeling of computer network attacks and intrusions. Specifically attacks that involve substantial changes in network traffic can be more accurately modeled, if the incidence function of the graph is expanded.

Self-Defense

2012 ◽  
Author(s):  
Mary Ellen O’Connell
Keyword(s):  
World War Ii ◽  
International Law ◽  
Computer Network ◽  
Use Of Force ◽  
Government Policies ◽  
Military Force ◽  
Self Defense ◽  
History Of ◽  
The Right ◽  
Computer Network Attacks

Humanity has always recognized that individuals should have the right to defend themselves from violence. In international law this basic normative intuition is codified for states in the Charter of the United Nations, Article 51 (see Randelzhofer 2002, cited under Conditions in Article 51). Article 51 is an exception to the Charter’s general prohibition on the use of force found in Article 2(4). The prohibition on the use of force is at the heart of the Charter, given that the most fundamental aim of the Charter and the UN organization created by the Charter is to “save succeeding generations from the scourge of war” (Preamble). It stands to reason that any right to use force as an exception to the general prohibition on resort to force would be narrow. Article 51 permits a state to act in unilateral or collective self-defense only “if an armed attack occurs.” This article concerns the international law exception to the prohibition on force for self-defense. The commentary on Article 51 is extensive and generally falls into one of two categories: first, scholarship, judicial decisions, and government policies that support Article 51’s plain terms; second, scholarship and government policies that advocate expanding the right to use force beyond Article 51’s provisions. The writers in these two categories have various labels but are most commonly referred to as the “strict” interpreters versus the “broad” interpreters. One author refers to the groups as the “restrictivists” versus the “antirestrictivists.” The divergence of views can be explained to some extent by the differing assessments writers make about the utility of resort to military force. The UN Charter was drafted at the end of World War II, when confidence in military force was certainly low and commitment to ending the use of force was high. Fifty years later, perhaps frustrated by the lack of success with other means, writers (especially in a few militarily powerful states) urged relaxing the rules against force to respond to terrorism, weapons programs, and computer network attacks. Some try to justify force under the principles of necessity and proportionality, rules beyond the UN Charter but equally important in the long history of normative thinking on killing in self-defense.

scholarly journals Computer network attacks as an act of aggression in the context of the development of modern international relations: pros and cons

2021 ◽  
Vol 7 (4) ◽  
pp. 59-65
Author(s):  
Dmitriy V. Lobach ◽  
Evgeniya A. Smirnova
Keyword(s):  
International Relations ◽  
International Law ◽  
Technological Progress ◽  
Computer Network ◽  
Network Attacks ◽  
Conventional Weapons ◽  
Pros And Cons ◽  
The Subject ◽  
Definition Of ◽  
Computer Network Attacks

The article analyzes the conflicting approaches to the possible recognition of computer network attacks as an act of aggression in the focus of modern international relations and trends in scientific and technological progress. The question raised in the article is as follows: is aggression against another state possible through the exclusive use of cyber weapons? To solve the indicated problem, the scholastic method of conducting a discussion is used, in which two series of contradictory arguments regarding the subject of discussion are put forth, and the conclusion summarizes the general conclusion based on particular theses. The conclusion is argued that the historically established definition of aggression in modern conditions of development of scientific and technological progress does not meet the interests of international peace and security, since new types of force of destructive influence constantly appear, which can generate consequences comparable in scale and severity to the consequences of using conventional weapons. However, there are still some problematic moments that arise in connection with the qualification of cyberattacks as a crime of aggression, requiring understanding and resolution in accordance with the development of the science of international law and law enforcement practice in the context of international relations.

scholarly journals Formal Model of IDS Based on BDI Logic

Mathematics ◽  
2021 ◽  
Vol 9 (18) ◽  
pp. 2290
Author(s):  
Ján Perháč ◽  
Valerie Novitzká ◽  
William Steingartner ◽  
Zuzana Bilanová
Keyword(s):  
Security Policy ◽  
Computer Network ◽  
Formal Model ◽  
Detection System ◽  
Linear Logic ◽  
Passive Protection ◽  
Manual Intervention ◽  
Current State ◽  
Network Intrusions ◽  
Bdi Logic

Computer network security is an important aspect of computer science. Many researchers are trying to increase security using different methods, technologies, or tools. One of the most common practices is the deployment of an Intrusion Detection System (IDS). The current state of IDS brings only passive protection from network intrusions, i.e., IDS can only detect possible intrusions. Due to that, the manual intervention of an administrator is needed. In our paper, we present a logical model of an active IDS based on category theory, coalgebras, linear logic, and Belief–Desire–Intention (BDI) logic. Such an IDS can not only detect intrusions but also autonomously react to them according to a defined security policy. We demonstrate our approach on a motivating example with real network intrusions.

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