Read
Michael Schmitt is a leading author of the Tallinn Manual. In 1999, Schmitt created a legal framework with
which to analyze whether a state’s involvement in a cyber-attack constitutes a use of force. In examining
the characteristics of a cyberattack, one can determine which legal system will govern state behavior. The
analysis put forward by Schmitt is one of the most often used methods to analyze these characteristics.
When the U.S. suffers a cyber incident, any response by the U.S. needs to comply with both domestic law
and the international law which the U.S. recognizes. An integral question in determining what response is
both legal and proper is, “when does the attack rise to the level of a ‘use of force’ under international law
which makes self-defense a viable response?” To use the analysis, one applies a fixed quantitative scale
(e.g., 1 to 10) to each of Schmitt’s seven factors; this number describes the cyber operation as being closer
to one end of a spectrum or the other.
Read the following article:
https://advance-lexis-com.ezproxy.libproxy.db.erau.edu/api/permalink/d0fc46c6-c8b6-45f9-bf44-
2e01ffd8cf24/?context=1516831 from Nexis Uni™ through the Hunt Library
Write
Examine a cyber intrusion suffered by the U.S. Use each of the instrument, target and effects (Schmitt)
approaches to determine if the intrusion rose to the level of cyber warfare.
Do the different approaches lead to different results?
Which of the approaches, including the alternative approaches, is the most comprehensive and why?
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