Malicious Cyber Operations, “Hackbacks” and International Law: An Austrian Example as a Basis for Discussion on Permissible Responses Cover Image

Malicious Cyber Operations, “Hackbacks” and International Law: An Austrian Example as a Basis for Discussion on Permissible Responses
Malicious Cyber Operations, “Hackbacks” and International Law: An Austrian Example as a Basis for Discussion on Permissible Responses

Author(s): Erich Schweighofer, Isabella Brunner, Jakob Zanol
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Masarykova univerzita nakladatelství
Keywords: Countermeasures; Cyber Defense; Cyberspace; Hackback; International Law; Law of State Responsibility; Malicious Cyber Operation

Summary/Abstract: In January 2020, Austria publicly announced that some of its governmental institutions have been hit by a significant malicious cyber operation and that it cannot be denied – at least for the moment – that a state was behind this operation. One month later, the Austrian Foreign Ministry declared the cyber operation to be officially over. While Austria noted that it took “countermeasures” against the operation, it is not entirely clear what it meant by that. This article elaborates the question what response options a state like Austria would have against a malicious cyber operation under the current framework of international law. It, hence, tries to answer when a “hackback” is lawful under international law and when it is not.

  • Issue Year: 14/2020
  • Issue No: 2
  • Page Range: 227-257
  • Page Count: 31
  • Language: English