Attribution by Indictment
The challenges of attributing malicious cyber activity—that is, identifying its authors and provenance with a sufficient degree of certainty—are well documented. This essay focuses on a phenomenon that I call “attribution by indictment.” Since 2014, the United States has issued more than a dozen ind...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2019-01-01
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| Series: | AJIL Unbound |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2398772319000345/type/journal_article |
| _version_ | 1811157375047958528 |
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| author | Chimène I. Keitner |
| author_facet | Chimène I. Keitner |
| author_sort | Chimène I. Keitner |
| collection | DOAJ |
| description | The challenges of attributing malicious cyber activity—that is, identifying its authors and provenance with a sufficient degree of certainty—are well documented. This essay focuses on a phenomenon that I call “attribution by indictment.” Since 2014, the United States has issued more than a dozen indictments that implicate four foreign states in malicious cyber activity: China, Iran, Russia, and North Korea. Ten of these indictments were issued in 2018, suggesting that this practice is likely to continue and even intensify in the near term. Attribution by indictment uses domestic criminal law, enforced transnationally, to define and enforce certain norms of state behavior in cyberspace. This essay analyzes the U.S. practice of attribution by indictment as a response to malicious cyber activity. |
| first_indexed | 2024-04-10T05:06:26Z |
| format | Article |
| id | doaj.art-c6967023ee3b4e8ea2849df7d71e40aa |
| institution | Directory Open Access Journal |
| issn | 2398-7723 |
| language | English |
| last_indexed | 2024-04-10T05:06:26Z |
| publishDate | 2019-01-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | AJIL Unbound |
| spelling | doaj.art-c6967023ee3b4e8ea2849df7d71e40aa2023-03-09T12:27:09ZengCambridge University PressAJIL Unbound2398-77232019-01-0111320721210.1017/aju.2019.34Attribution by IndictmentChimène I. Keitner0Alfred & Hanna Fromm Professor of International Law, UC Hastings Law.The challenges of attributing malicious cyber activity—that is, identifying its authors and provenance with a sufficient degree of certainty—are well documented. This essay focuses on a phenomenon that I call “attribution by indictment.” Since 2014, the United States has issued more than a dozen indictments that implicate four foreign states in malicious cyber activity: China, Iran, Russia, and North Korea. Ten of these indictments were issued in 2018, suggesting that this practice is likely to continue and even intensify in the near term. Attribution by indictment uses domestic criminal law, enforced transnationally, to define and enforce certain norms of state behavior in cyberspace. This essay analyzes the U.S. practice of attribution by indictment as a response to malicious cyber activity.https://www.cambridge.org/core/product/identifier/S2398772319000345/type/journal_article |
| spellingShingle | Chimène I. Keitner Attribution by Indictment AJIL Unbound |
| title | Attribution by Indictment |
| title_full | Attribution by Indictment |
| title_fullStr | Attribution by Indictment |
| title_full_unstemmed | Attribution by Indictment |
| title_short | Attribution by Indictment |
| title_sort | attribution by indictment |
| url | https://www.cambridge.org/core/product/identifier/S2398772319000345/type/journal_article |
| work_keys_str_mv | AT chimeneikeitner attributionbyindictment |