“Self-defensive Force against Cyber Attacks” è un saggio sulle difficoltà, oggettive, nel normare il ciberspazio e, soprattutto, sulla stretta interconnessione ed inter-dipendenza tra aspetti strategici, politici e legali.
Scrive Matthew C. Waxman, docente alla Columbia Law School e fellow del Council on Foreign Relations:
This article examines these questions through three lenses: (1) a legal perspective, to examine the range of reasonable interpretations of self-defense rights as applied to cyber attacks, and the relative merits of inter-pretations within that range; (2) a strategic perspective, to link a purported right of armed self-defense to long-term policy interests including security and stability; and (3) a political perspective, to consider the situational context in which government decisionmakers will face these issues and predictive judgments about the reactions to cyber crises of influential actors in the international system.
My main point is that these three perspectives are interrelated, so lawyers interested in answering these questions should incorporate the strategic and political dimensions in their analysis. This is not just to make the banal, generic point that politics, strategy and law are interrelated. Of course they are. Rather, this article aims to show specifically how development of politics, strategy and law will likely play out interdependently with respect to this particular threat—cyber attacks—and to draw some conclusions about legal development in this area from that analysis. […]