2016.pdf

Speech by Legal Adviser Brian J. Egan at Berkeley Law School, highlighting the importance of international law in maintaining stability in cyberspace.
- Key Issues: Potential risks of connectivity outweighing benefits, need for cyber stability during peacetime and armed conflict, and the role of international law.
- U.S. Strategic Framework: Consists of three pillars: affirmation of existing international law, development of voluntary non-binding norms, and implementation of confidence-building measures.
- International Law Application:
- In 2013, UN Group of Governmental Experts (GGE) recognized the applicability of existing international law to States' cyber activities.
- 2015 GGE report further acknowledged the application of laws of armed conflict principles (humanity, necessity, proportionality, distinction) in cyberspace.
- U.S. and other states have made public statements and submissions articulating their views on the topic.
- Transparency: Crucial for developing customary international law through consistent State practice.
- Tallinn Manual Project: Non-governmental initiative by international lawyers to identify cyber warfare rules, with "Tallinn Manual 2.0" expected to cover lower-threshold cyber activities.
- U.S. Position: In accord with the Tallinn Manual project's premise that existing international law applies to state behavior in cyberspace.