ABSTRACT

Norms, which are shared expectations of appropriate behavior, exist at various levels and can apply to different actors. International security and US national security may be enhanced by the emergence of regulative norms for offensive cyber operations (OCO), similar to norms that developed in the past for these emerging-technology weapons such as nuclear, chemical, and biological weapons. This chapter discusses how constraining norms for OCOs are actually developing and offers some predictions-based on norm evolution theory for emerging-technology weapons-for how they will develop in the future. When international law is based on shared expectations of behavior, its source is considered "peremptory norms" or jus cogens/ius cogens. The chapter illustrates norm evolution theory for emerging-technology weapons-grounded in the three historic case studies-and prospects for current norms between China, Russia, and the United States. Theory indicates that there are many hurdles facing development of constraining norms for OCOs.