The Tallinn Manual and Cyber Law
How international lawyers are trying to apply existing legal frameworks to cyberspace, and why the Tallinn Manual is the most important document in cyber law.
Applying Law to Cyberspace
The fundamental question of cyber law is whether existing international law applies to cyberspace, or whether new rules are needed. In 2013 and again in 2015, the UN Group of Governmental Experts (GGE) affirmed that international law, including the UN Charter, applies to state conduct in cyberspace. This means that the prohibition on the use of force (Article 2(4)), the right of self-defense (Article 51), international humanitarian law, and the law of state responsibility all apply.
But affirming that existing law applies is only the beginning. How exactly does the prohibition on the use of force translate to cyberspace? When does a cyberattack constitute an 'armed attack' triggering the right to self-defense? How do the principles of distinction and proportionality apply to cyber operations that can spread unpredictably? These questions remain fiercely debated among states, and the answers have enormous implications for when and how states can legally respond to cyberattacks.