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Legality in Cyberspace: An Adversary View: An Adversary View

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The United States and its allies are in general agreement on the legal status of conflict in cyberspace. Some variations in the legal definitions include what precisely constitutes an armed attack or use of force in cyberspace. The legal debates within and between Euro-Atlantic militaries are generally in harmony and derive from a broader legal consensus in these nations. This consensus holds that existing international law and international commitments are sufficient to regulate cyber conflict, and furthermore, that certain individual rights in using cyberspace are inalienable. However, other key cyber actors, such as Russia and China, and a number of like-minded nations, have radically different ideas on key concepts of cyber warfare, including when a state of war exists. This Letort Paper explores the Russian approach to legal constraints governing actions in cyberspace, in order to assist in formulating an effective response to Russian cyber initiatives. Additionally, this paper explores using a Russian perspective to examine the legal status of various activities in cyberspace, including what constitutes hostile activity, and demonstrates that assumptions commonly held in the United States may need to be adjusted to effectively counter--or engage with--Russian cyber initiatives. Related products: YouTube War: Fighting in a World of Cameras in Every Cell Phone and Photoshop on Every Computer is available here: https: //bookstore.gpo.gov/products/sku/008-000-01071-4 Confidence Building in Cyberspace: A Comparison of Territorial and Weapons-Based Regimes is available here: https: //bookstore.gpo.gov/products/sku/008-000-01139-7 Army Support of Military Cyberspace Operations: Joint Contexts and Global Escalation Implications is available here: https: //bookstore.gpo.gov/products/sku/008-000-01094-3 Convergence: Illicit Networks and National Security in the Age of Globalization is available here: https: //bookstore.gpo.gov/products/sku/008-020-01627-6

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ABOUT THE AUTHORS KEIR GILES is the director of the Conflict Studies Re-search Centre (CSRC), a group of deep subject matter experts on Eurasian security formerly attached to the United Kingdom (UK) Ministry of Defence. Now op-erating in the private sector, CSRC provides in-depth analysis on security issues affecting Russia and its relations with overseas partners. After beginning his career working with paramilitary aviation in the for-mer Soviet Union and Ukraine immediately following the fall of the Soviet Union, Mr. Giles joined the BBC Monitoring Service (BBCM) to report on political and military affairs in the former Soviet space. While at-tached from BBCM to CSRC at the UK Defence Acad-emy, he wrote and briefed for UK and North Atlantic Treaty Organization (NATO) government agencies on Russian defense and security issues. Uniquely, he is a double Associate Fellow of the Royal Institute of In-ternational Affairs (Chatham House) in London, UK, as well as a regular contributor to research projects on Russian security issues in both the UK and Europe. Mr. Giles's work has appeared in academic and military publications across Europe and in the United States. ANDREW MONAGHAN is a Research Fellow in the Russia and Eurasia Programme at Chatham House and Academic Visitor at St Antony's College, Oxford, UK. Additionally, he is the Founder and Director of the Russia Research Network, an independent orga-nization for the generation of information and exper-tise on Russian politics, security, and economic issues based in London. In this capacity, he has served as an expert witness to the House of Commons Foreign Af-fairs Select Committee. Until late 2012, Dr. Monaghan directed Russia related research in the Research Divi-sion of the NATO Defense College in Rome. In this role, he was also the senior researcher on energy secu-rity matters. Prior to that, he held positions as a Senior Research Associate at the Advanced Research and Assessment Group, part of the Defence Academy of the UK, and a Visiting Lecturer in the Defence Stud-ies Department of King's College, London, the civil-ian academic arm of the Joint Services Command and Staff College at the Defence Academy. Dr. Monaghan holds an M.A. in war studies and a Ph.D. in Russian foreign policy (Russian perspectives of Russia-Euro-pean Union security relations) from the Department of War Studies, King's College.