In some ways Estonia, in 2007, was the starting point where it became a topic for real global attention.
Duncan B. Hollis is no longer with the Carnegie Endowment for International Peace.
Duncan B. Hollis was a nonresident scholar at the Carnegie Endowment for International Peace and the James E. Beasley professor of law at Temple Law School, where he also serves as the associate dean for academic affairs. Professor Hollis’s research focuses on public international law, the law of treaties, interpretation, and global cybersecurity. He is the editor of the Oxford Guide to Treaties (Oxford University Press, 2012), which was awarded the 2013 ASIL Certificate of Merit for high technical craftsmanship and utility to practicing lawyers. His cyber-related research examines international law’s role in regulating cyberthreats, the construction of cybernorms, and the application of humanitarian principles to global cybersecurity. He is the author of An e-SOS for Cyberspace, 52 Harvard International Law Journal 374 (2011) and, together with Martha Finnemore, Constructing Cybernorms for Cybersecurity, 110 American Journal of International Law (forthcoming 2016).
Previously, Professor Hollis served as an attorney-adviser in the Office of the Legal Adviser at the U.S. Department of State, where he participated in various bilateral and multilateral treaty negotiations as well as the litigation of two cases before the International Court of Justice. He is a regular contributor and member of the Board of the premier international law blog, Opinio Juris. Professor Hollis is also an elected member of the American Law Institute and serves as an adviser on its project to draft a Fourth Restatement on the Foreign Relations Law of the United States.
In some ways Estonia, in 2007, was the starting point where it became a topic for real global attention.
Professor Duncan Hollis of Temple Law explains the development of international cyberspace law, starting with the preliminary questions of whether and how existing international laws apply.
In the past few months, nothing has reminded everyone of the etymology of the expression “computer virus” like ransomware. This form of malicious code is delivered through a vulnerability in the victim’s system, such as a phishing email or password spraying, infiltrating and potentially crippling it like a disease.
As states give increased attention to the governance of cyberspace (the technical architecture that allows the global internet to function) and governance in cyberspace (how states, industry, and users may use this technology), the role of international law in the cyber context has gained increasing prominence.
What are the ‘rules of the road’ for cyberspace, and who sets them? The question has risen in prominence and priority as cyber threats have grown more severe. A lack of clarity about acceptable behavior enables destabilizing cyber activity.
How are threats of force conveyed in cyberspace? When hackers compromised the SolarWinds Orion software in the spring of 2020, they trojanized the so-called Sunburst backdoor, a system designed to communicate with third-party providers.
As cyber threats multiply, efforts to establish international norms for cyber activity have created a disjointed ecosystem. Is the fragmentation a cause for concern or an opportunity to promote cyber stability and security?
The G20 should commit not to manipulate the integrity of data and algorithms of financial institutions and to cooperate when such incidents occur.
An exploration of how international cyberspace norms evolve and work, and what more they could contribute to making cyberspace more hospitable.