Cyberlaw Book Resources – Chapter 35

Chapter 35 resources for the Cyberlaw book

By John Bandler

This page has resources specific for this chapter.

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Chapter 35 International cyber conflict and law

Chapter references, resources, and additional reading

• Chapter 35 resources, https://johnbandler.com/cyberlawbook-resources-ch35/  (this page)
• International cyber conflict, https://johnbandler.com/cyber-conflict/
• UN Charter Article 1 and 2, especially 2(4), https://www.un.org/en/about-us/un-charter/chapter-1
• UN Charter Article 51, https://www.un.org/en/about-us/un-charter/chapter-7
• NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE), https://ccdcoe.org/
• CCDCOE, The Tallinn Manual, https://ccdcoe.org/research/tallinn-manual/
• Michael N. Schmitt, Grey Zones in the International Law of Cyberspace, Yale Journal of International Law (October 18, 2017), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3180687
• Michael N. Schmitt, Foreign Cyber Interference in Elections, 97 INT’L L. STUD. 739 (2021), at https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2969&context=ils, via https://digital-commons.usnwc.edu/ils/vol97/iss1/32/
• Army Cyber Institute at West Point, https://cyber.army.mil/
• US Army Cyber Center of Excellence (CCoE), https://cybercoe.army.mil/
• US Army Cyber Command, https://www.arcyber.army.mil/
• Cybercrime Investigations (2020 book), Chapter 8 Cyber Investigations Linked to Nation-States or Terrorists
• Bruce Hoffman, Jacob Ware, The Terrorist Threats and Trends to Watch Out for in 2023 and Beyond, CTC Sentinel, November/December 2022, Volume 15, Issue 11, at  https://ctc.westpoint.edu/the-terrorist-threats-and-trends-to-watch-out-for-in-2023-and-beyond/, or https://ctc.westpoint.edu/wp-content/uploads/2022/12/CTC-SENTINEL-112022.pdf
• International Criminal Court, https://www.icc-cpi.int/
  • How the Court works, https://www.icc-cpi.int/about/how-the-court-works
• Foreign Intelligence Surveillance Act (FISA), Title 50 Chapter 36 of the US Code, https://www.law.cornell.edu/uscode/text/50/chapter-36
• Foreign Intelligence Surveillance Court, https://www.fisc.uscourts.gov/

• Presidential Election influence
  • Report on the Special Investigation into Russian Interference in the 2016 Presidential Election, “Mueller Report”, (March 2019), https://www.justice.gov/archives/sco/file/1373816/dl (full report, suggest focus on executive summaries for Part I and Part II).
  • “Mueller Report” Executive Summaries (Report on The Investigation into Russian Interference in the 2016 Presidential Election),
    • Volume I pp 1-10, https://storage.courtlistener.com/recap/gov.uscourts.dcd.205521/gov.uscourts.dcd.205521.122.1.pdf
    • Volume II pp 1-8, https://storage.courtlistener.com/recap/gov.uscourts.dcd.205521/gov.uscourts.dcd.205521.122.2.pdf
  • Office of the Director of National Intelligence, “Assessing Russian Activities and Intentions in Recent US Elections”, (January 6, 2017), www.dni.gov/files/documents/ICA_2017_01.pdf.
  • Press Release, Department of Justice, Grand Jury Indicts 12 Russian Intelligence Officers for Hacking Offenses Related to the 2016 Election (July 13, 2018), www.justice.gov/opa/pr/grand-jury-indicts-12-russian-intelligenceofficers-hacking-offenses-related-2016-election
  • ODNI, Assessing Russian Activities and Intentions in Recent US Elections, January 6, 2017, https://www.dni.gov/files/documents/ICA_2017_01.pdf
  • National Intelligence Council, Foreign Threats to the 2020 US Federal Elections, March 10, 2021, https://www.dni.gov/files/ODNI/documents/assessments/ICA-declass-16MAR21.pdf
  • Press Release, Joint ODNI, FBI, and CISA Statement on Russian Election Influence Efforts, November 1, 2024, https://www.dni.gov/index.php/newsroom/press-releases/press-releases-2024/4014-pr-28-24
  • US DOJ Press Release, Three IRGC Cyber Actors Indicted for ‘Hack-and-Leak’ Operation Designed to Influence the 2024 U.S. Presidential Election, September 27, 2024, https://www.justice.gov/opa/pr/three-irgc-cyber-actors-indicted-hack-and-leak-operation-designed-influence-2024-us
• Clifford Stoll, The Cuckoo’s Egg: Tracking a Spy through the Maze of Computer Espionage (New York, Doubleday, 1989).

Chapter questions

• Given the difficulties enforcing criminal law and civil law, what difficulties do you think are involved enforcing international laws? Explain.
• Nation-states may have tremendous resources and have strong motives to achieve a goal. Does it surprise you they would use cyberspace? What types of cyber actions might they take?
• What types of actions do nation-states take that we never hear about?
• What types of cyber actions do you think nation-states are taking now?
• What types of cyber actions do you think nation-states are planning, even if they do not intend to carry them out at this point?
• Does it surprise you that there are laws about when to start a war?
• Does it surprise you that there are laws about how a war should be conducted?
• What is the primary international law, sort of like an international Constitution?
• What do you think about the analogy between criminal law and use of force compared to international law and warfare?
• Does it surprise you that existing laws of war can be applied to cyberconflict?
• Why is the Tallinn Manual named after "Tallinn"?
• The U.S. government is granted far more authority and secrecy for national security investigations compared to criminal investigations. Why is that, and does that surprise you?

Links and information

• The book: Cyberlaw: Law for Digital Spaces and Information Systems, by John Bandler
• Cyberlaw Book Resources (main resources page)
• Cyberlaw book FAQ
• Cyberlaw main book page
• Amazon - John's Author page
• Udemy online course on cyberlaw (other online courses too)
• Services
  • Cybersecurity Services

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