Abstract
The president of Estonia, Kersti Kaljulaid, has supported the use of collective countermeasures in response to cyberspace crimes. Collective countermeasures would allow an uninjured state to provide guidance or carry out countermeasures on behalf of another state. This Article advocates for collective countermeasures in cyberspace so long as the operations are carefully executed and subject to the same restrictions as individual countermeasures. This Article further finds for the following in favor of limited forms of collective countermeasures: (1) the highly interconnected nature of threats in cyberspace; (2) states with more sophisticated cyber capabilities can leverage for comparative advantages; (3) states would be able to better address the persistent nature of the threats they face in cyberspace; (4) the prospect of collective countermeasures could have a deterrent effect; and (5) collective countermeasures could reduce the likelihood of escalation in cyber aggression. Subjecting collective countermeasures to the same limitations as countermeasures generally, and imposing additional limits on third parties seeking to engage in collective countermeasures, would eliminate the potential for substantial escalation and abuse. Accordingly, this Article concludes that collective countermeasures are the correct normative approach to cyber threats.
Recommended Citation
Kosseff, Jeff
(2020)
"Collective Countermeasures in Cyberspace,"
Notre Dame Journal of International & Comparative Law: Vol. 10:
Iss.
1, Article 4.
Available at:
https://scholarship.law.nd.edu/ndjicl/vol10/iss1/4