Although acts of cybercrime and cyberwar are different, the lines between the two have been become blurred over time. The nature of cyberspace has complicated the pre-existing doctrine for armed attacks, yet they are still being applied. Furthermore, the United States historically has responded to malicious cyber activity through a militarized lens.

This tendency to lean towards and emphasize a militarized approach has displaced the domestic law enforcement approach and left it inadequately trained, inadequately resourced, and inadequately supported to identify, deter, and punish offenders. Discussions currently neglect other existing frameworks and the development of new ones to address malicious cyber activity

Without a comprehensive international legal framework governing malicious cyber activity, Mieke Eoyang and Chimène Keitner seek to encourage greater awareness of the consequences of viewing malicious cyber activity through only an armed conflict lens.

Full Journal Article Author Details

By: Chimène Keitner

By: Mieke Eoyang

Then-Vice President for the Third Way National Security Program and Chairperson of the Cyber Enforcement Initiative. This article was completed before her return to government service, and represents her personal views, and not those of the US government, the Department of Defense, or President Biden.

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