Chapter 35 resources for the Cyberlaw book
By John Bandler
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Chapter 35 International cyber conflict and law
Nation-states (countries, or "states" in the language of international law) are engaged in espionage, cyber operations, cyber attacks, propaganda, and preparation and planning for military operations. Armed conflicts and wars occur as well. To understand the laws surrounding nation-state cyber actions and cyber conflict, we need to first understand the laws surrounding armed conflict, then see how that translates. Chapter 35 explores this, and sets us up nicely for the next chapter.
Chapter references, resources, and additional reading
- Chapter 35 resources, https://johnbandler.com/cyberlawbook-resources-ch35/ (this page)
- Chapter 36: Cyber speech and the battle for our minds
- 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/
- 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
- 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/
- 15 U.S. Code Chapter 123 - Protecting Americans’ Data from Foreign Adversaries, https://www.law.cornell.edu/uscode/text/15/chapter-123
- 15 USC § 9901, Prohibition on transfer of personally identifiable sensitive data of United States individuals to foreign adversaries, https://www.law.cornell.edu/uscode/text/15/9901
- Clifford Stoll, The Cuckoo’s Egg: Tracking a Spy through the Maze of Computer Espionage (New York, Doubleday, 1989).
- Just Security, https://www.justsecurity.org/
Articles on cyberconflict and international actors
- 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/
- 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
- Alexander Seger, Russian Motivations Behind the “Hanoi Convention” Against Cybercrime, Just Security, 10/7/2025, https://www.justsecurity.org/122000/russian-motivations-hanoi-convention-cybercrime/
- Robert E. Barnsby and Shane R. Reeves, Give Them an Inch, They’ll Take a Terabyte: How States May Interpret Tallinn Manual 2.0’s International Human Rights Law Chapter, Texas Law Review, Volume 95 - Issue 7, Jun 2027, https://texaslawreview.org/wp-content/uploads/2017/11/Barnsby.Reeves.pdf
Presidential Election influence
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- 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),
- 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
Articles on use of force and Iran conflict / war
- Margaret Donovan and Rachel VanLandingham, Lt Col, USAF (Ret.), When War Crimes Rhetoric Becomes Battlefield Reality: The Slippery Slope to Total War on Iran, Just Security, April 6, 2026, https://www.justsecurity.org/135797/war-crimes-rhetoric-power-plants-iran/
- More Coming soon
Chapter questions
- List three important parts of the law of war, as laid out in the chapter.
- List the foundational document of international law.
- 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?
- Provide the link (showing the URL/webpage) to the Chapter 35 resource page.
- There are laws about when nation-states can enter into armed conflict. Name the main document that lays out this law, and the sections, and provide links to those sections.
- List the Latin name, then the plain English name for when it is lawful to use force to start/commence a war.
- List the Latin name, then the plain English name for lawful conduct and use of force when in a war.
- Did it surprise you to learn that there are laws about when to start a war? Briefly explain.
- Did it surprise you to learn that there are laws about how a war should be conducted? Briefly explain.
- What is the primary international law document on conflict?
- What do you think about the analogy in the book between criminal law and use of force compared to international law and warfare? Briefly explain.
- Did it surprise you to learn that existing laws of war can be applied to cyberconflict? Briefly explain.
- What is the relevance of Estonia to cyberconflict and the legal discipline of international cyberconflict?
- Why does the Tallinn Manual have "Tallinn" in the name?
- The U.S. government is granted far more authority and secrecy for national security investigations compared to criminal investigations. What is the rationale for that?
- Do you think foreign nation-states are investing resources to influence the way people within the U.S. think, including their opinion of current events? Briefly explain.
- Write out the full name of the center in Estonia mentioned in the chapter, including acronym (typing every character yourself as always)
- List the four areas of legal tools and legal boundaries laid out in the chapter.
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
This page is hosted at https://johnbandler.com/cyberlawbook-resources-ch35, copyright John Bandler, all rights reserved.
Originally posted 11/23/2024. Updated 04/06/2026.
