Question
Since being attacked in 2007, Estonia has been at the forefront of developing novel offensive and defensive solutions to cybersecurity challenges. Among these is the
Since being attacked in 2007, Estonia has been at the forefront of developing novel offensive and defensive solutions to cybersecurity challenges. Among these is the Estonian "Cyber Defense League," an organization "aimed at protecting Estonian cyberspace" as part of the National Defense League. Enter the Estonian cyber militia. Rain Ottis of the NATO Cooperative Defense Center of Excellence defines a cyber militia as "a group of volunteers who are willing and able to use cyber attacks in order to achieve a political goal." Ottis notes that Estonia's cyber militia consists of volunteers only insomuch as they act of their own free volition, without contractual obligations or payments from governments. The objectives of the league are quite broad, ranging from protecting Estonians' e-lifestyle to securing Critical National Infrastructure (CNI). In an emergency, the league would work with Estonia's Cyber Emergency Response Team (CERT) to respond to attacks. Assume that Estonia is attacked, and that it appears from using deep packet inspection and traffic flow analysis that the attacks are emanating from the country of Delarus. Describe (1) which, if any, standard of proof under the articles of state responsibility for internationally wrongful acts could permit attribution of these attacks to the Belarusian government; (2) whether countermeasures or sanctions may be used in response to these attacks; and (3) what at least one of the public policy benefits and one of the drawbacks are of organizing such as the Estonian cyber militia to "hack back."
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