About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 HLRe: Off Rec. 1 (2018-2019)

handle is hein.journals/hlreoffrec9 and id is 1 raw text is: ARTICLE SWINGING A FIST IN CYBERSPACE Jessica ZhannaMalekos Smith* I. INTRODU CTION ............................................................ 1 II. LEGAL FRAMEW ORK .................................................... 2 III. DEFINING CYBER ATTACKS ....................................... 3 IV. STATE RESPONSIBILITY ............................................... 5 V . C ON CLU SION ............................................................... 6 I. INTRODUCTION As the US Supreme Court Justice Oliver Wendell Holmes Jr. opined, [t]he right to swing my fist ends where the other man's nose begins.1 But when the force of a state's fist collides with another state's nose, what rights are activated? Although the use of force is prohibited under Article 2(4) of the United Nations (UN) Charter,2 two exceptions exist: (1) The collective security power of the UN Security Council; and (2) a state's inherent right * Jessica Zhanna Malekos Smith, J.D. is a M.A. candidate with King's College London, Department of War Studies. Previously, she served as a Captain in the US Air Force Judge Advocate General's Corps. Prior to the military, Jessica was a Postdoctoral Fellow with the Belfer Center's Cyber Security Project at the Harvard Kennedy School. Opinions expressed in her articles are those of the author's and not those of the US De- partment of Defense or US Air Force. With special thanks to Thomas E. Smith and the diligent staff of the Houston Law Review for their generosity of time and support. 1. Annie Laurie Gaylor, Oliver Wendell Holmes, Jr., FREEDOM FROM RELIGION FOUNDATION, https://ffrf.org/news/day/dayitems/item/14246-oliver-wendell-holmes-jr (last visited May 14, 2018). 2. NIGEL D. WHITE & CHRISTIAN HENDERSON, RESEARCH HANDBOOK ON INTERNATIONAL CONFLICT AND SECURITY LAW 118 (1996). 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most