ABSTRACT

Cybersecurity is a priority for local, state, and national government. Self-defense is a critical question in the cyber discussion. The inquiry is whether the nation-state owes a duty to corporations and individuals, who have been victimized by a cyber attack. Balance is hard to define and undoubtedly difficult to apply. In the context of state obligation to corporations and individuals, it would be an impractical stretch to impose on government the obligation to respond to every cyber attack. There are great risks in imposing response burdens on the nation-state in the aftermath of a cyber attack. If the attack can be traced back to state agents of another country, then legitimate questions arise regarding the limits of sovereignty, self-defense, and conflict. These are extraordinarily important questions with powerful consequences, regardless of how the reader suggests their resolution.