DeepSec 2012 Talk: A Non-Attribution-Dilemma and its Impact on legal Regulation of Cyberwar
We asked Michael Niekamp and Florian Grunert to give an outlook on their presentation titled A Non-Attribution-Dilemma and its Impact on Legal Regulation of Cyberwar: A general challenge of cyberwar lies in the field of legal regulation under conditions of non-attribution. The optimistic view emphasizes that our international law and its underlying standards are sufficient (in principle and de facto) to solve all emerging problems. A more sceptical view postulates “the impossibility of global regulation”. Although we lean towards the sceptical view, we’ll provide a different and new line of reasoning for the impossibility of a rational legal regulation by formulating a non-attribution-dilemma. In contrast to some prominent arguments, we do not overestimate the suggestive power of the non-attribution-problem concerning the question of rational “deterrence through a threat of retaliation” (DTR for short), but