Peacetime cyberattacks of a huge size are frequent. Many come from groups of anonymous hackers; others can be attributed to States. Attacks differ in the way in which they are implemented, their targets and their effects. The present study focuses on a transnational peacetime cyberattack involving the collection and public dissemination of sensitive information and data with a malicious intent during the campaign for the 2016 presidential elections in the United States. This attack, the legal consequences of which are still very relevant, presents unresolved difficulties that are connected to the reconstruction of its dynamics and the legal problems concerning its characterization as an international wrongful act, its attribution to a foreign State, and the implementation of effective and legitimate reactions by the United States. The present paper aims at examining the attack under the perspective of international law and in the broader context of peacetime cyberattacks, focusing, in particular, on the regime of State responsibility and seeking to evaluate whether the current legal framework provides adequate and effective solutions to such new and complex issues.

Attacchi cibernetici in tempo di pace : le intrusioni nelle elezioni presidenziali statunitensi del 2016 alla luce del diritto internazionale / A. Bonfanti. - In: RIVISTA DI DIRITTO INTERNAZIONALE. - ISSN 0035-6158. - 102:3(2019), pp. 694-728.

Attacchi cibernetici in tempo di pace : le intrusioni nelle elezioni presidenziali statunitensi del 2016 alla luce del diritto internazionale

A. Bonfanti
2019

Abstract

Peacetime cyberattacks of a huge size are frequent. Many come from groups of anonymous hackers; others can be attributed to States. Attacks differ in the way in which they are implemented, their targets and their effects. The present study focuses on a transnational peacetime cyberattack involving the collection and public dissemination of sensitive information and data with a malicious intent during the campaign for the 2016 presidential elections in the United States. This attack, the legal consequences of which are still very relevant, presents unresolved difficulties that are connected to the reconstruction of its dynamics and the legal problems concerning its characterization as an international wrongful act, its attribution to a foreign State, and the implementation of effective and legitimate reactions by the United States. The present paper aims at examining the attack under the perspective of international law and in the broader context of peacetime cyberattacks, focusing, in particular, on the regime of State responsibility and seeking to evaluate whether the current legal framework provides adequate and effective solutions to such new and complex issues.
international law; cyber attacks; international resposaibility; elections; hacking
Settore IUS/13 - Diritto Internazionale
Article (author)
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/693842
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