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17 Chi. J. Int'l L. 1 (2016)
Unpacking the International Law on Cybersecurity Due Diligence: Lessons from the Public and Private Sectors

handle is hein.journals/cjil17 and id is 5 raw text is: Unpacking the International Law on Cybersecurity Due Diligence: Lessons from the Public and Private Sectors Scott J. Shackelford, J.D., Scott Russell, J.D., & Andreas Kuehn* Abstract Although there has been a relative abundance of scholarship exploring the contours of the law of yber war, far less attention has been paid to defining a law of gyberpeace applicable below the armed attack threshold. Among the most important unanswered questions is what exacty nations' due diligence obligations are to one another and to their respective private sectors. The International Court of Justice (ICJ) has not yet explidtly considered this topic, though it has ruled in the Corfu Channel case that one country's territog should not be used for acts that unlawfuly harm other States. But what steps exacty do nations and companies under their jurisdiction have to take under international law to secure their networks, and what of the rights and responsibilities of transit States? This Article reviews the arguments surrounding the creation of a gbersecurity due diligence norm and argues for aproactive regime that takes into account the common but differeniated responsibilities ofpublic and private sector actors in gberspace. The analogy is drawn to gybersecurity due diligence in theprivate sector and the experience of the 2014 National Institute of Standards and Technology (NIST) Framework to help guide and broaden the discussion. Scott J. Shackelford is the Assistant Professor of Business Law and Ethics, Indiana University; Senior Fellow, Center for Applied Cybersecurity Research; W. Glenn Campbell and Rita Ricardo-Campbell National Fellow, Stanford University Hoover Institution. Scott Russell is a Post-Graduate Fellow, Center for Applied Cybersecurity Research, Indiana University. Andreas Kuehn is the Zukerman Cybersecurity Predoctoral Fellow, Center for International Security and Cooperation, Stanford University; PhD Candidate School of Information Studies, Syracuse University. An earlier form of this article was published as Defining Cybersecuriny Due Dihgence Under International Law: Lessons from the Private Sector, in ETHICS AND POLICIES FOR CYBER WARFARE __ (Maria Rosaria Taddeo ed., 2016). We would like to thank Springer Nature for allowing the republication and expansion of this chapter as an article for the present volume.

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