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Duncan Hollis Retweeted
To better understand
#InternationalLaw in#cyberspace, you might be interested in this selection of#DirectionsBlog articles on the topic, including by@francoisdelerue@Schmitt_ILaw@DuncanHollis@Roguski_P#LetsTalkCyber#UNcyberOEWG
https://directionsblog.eu/topics/#international-law …pic.twitter.com/0BgYxM98oF
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Simply put, States hacking hospitals & vaccine research in the midst of a global pandemic is an outrageous threat to all our lives. Responsible States should stand up & agree that int'l law prohibits this activity & that they've got positive obligations to stop or mitigate it
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It's also worth emphasizing that int'l law is not limited to prohibitions that may have ltd effects on already stigmatized/sanctioned States; positive obligations (one or more versions of due diligence) may be more effective in responding to this threat
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Counter-measures should be available for such activity (& maybe this would be a place for further dialogue on progressively developing int'l law to allow "collective" counter measures ala New Zealand & Estonia's recent calls)https://www.mfat.govt.nz/en/media-and-resources/ministry-statements-and-speeches/cyber-il …
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And I'm not alone -- more than 100 other international lawyers agree with me.https://elac.web.ox.ac.uk/article/the-second-oxford-statement …
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NYT: State-sponsored ransomware against vaccine distribution supply chain technologies may be in our futures? My take: Not only must int'l law prohibit such activity, but other States should take steps to mitigate or respond to threat as/before it happenshttps://www.nytimes.com/2020/12/03/us/politics/vaccine-cyberattacks.html …
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Roger was exceedingly generous with his time when I first joined the Academy. Congratulations on a long, distinguished run in the classroom.https://twitter.com/ProfessorMutch/status/1334221056786173953 …
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Duncan Hollis Retweeted
Congratulations to
@JuttaBrunnee on her appointment as@UTLaw dean. Prof. Brunnee was one of my stellar professors almost 2 decades ago. I'm hopeful that she'll restore the@IHRP_UofT's integrity by making amends to put the hiring scandal behind us. https://www.law.utoronto.ca/faculty-staff/full-time-faculty/jutta-brunn-e …pic.twitter.com/tfXEhwGDEl
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Seriously, if there’s one piece of pie left you go around and get consent from everyone else in the family before you eat it, right? Anything else is just anarchy.
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Consider my most recent accusation w/o attribution — someone in my family clearly ate the last piece of apple pie w/o asking if it was OK - that is clearly unacceptable behavior that we must all condemn and take steps to defend against in the future.
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& while Kristen doesn’t endorse our idea of distinguishing accusations from attributions, I still think accusations are a useful (multi-functional) concept that can help unearth & defend against bad things done by ‘someone’ even w/o identifying the things’ specific author.
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It’s important as well to note how much our work was influenced by
@K_Eichensehr own scholarship on attribution, go read it now - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3453804 …Show this threadThanks. Twitter will use this to make your timeline better. UndoUndo -
An earlier draft of our article is up on SSRN. EJIL should publish the final version later this month. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3347958 …
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Thanks so much to
@K_Eichensehr for liking & engaging with Marty Finnemore & my forthcoming EJIL article!https://cyber.jotwell.com/cyberattacks-accusations-and-the-making-of-international-law/ …Show this threadThanks. Twitter will use this to make your timeline better. UndoUndo -
Duncan Hollis Retweeted
Two times now in Supreme Court oral argument —most recently in response to Justice Kagan— professor David Golove’s breakthrough research on extraterritoriality of Alien Tort Statute is cited. Golove’s historical research (Jefferson & Randolph letters)
https://www.justsecurity.org/73376/the-alien-tort-statute-and-the-law-of-nations-new-historical-evidence-of-founding-era-understandings/ …Show this threadThanks. Twitter will use this to make your timeline better. UndoUndo -
For more immediate reactions and views on all the doctrinal positioning go read
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After all, it’s not about applying intl law for intl law’s sake; it’s about how intl law protects us & the infrastructure we need to live & function as a societyhttps://www.elac.ox.ac.uk/the-oxford-statement-on-international-law-protections-against-foreign-electoral-interference-through …
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Also nice to see NZ focus on protecting the functionality of the healthcare sector and elections - both subjects of earlier Oxford Statementshttps://www.elac.ox.ac.uk/the-oxford-statement-on-the-international-law-protections-against-cyber-operations-targeting-the-hea …
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I think it also pushes States to say more - eg w/o the Oxford Statements would NZ have explained & qualified its views on due diligence in such detail?
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Official NZ views on Intl law in cyberspace are out. Note the reference to Oxford Process & Tallinn. This suggests States pay attention when intl lawyers speak out collectivelyhttps://www.mfat.govt.nz/en/media-and-resources/ministry-statements-and-speeches/cyber-il …
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