Solving the Dilemma of State Responses to Cyberattacks: A Justification for the use of Active Defenses Against States Who Neglect Their Duty to Prevent

摘要: Abstract : The greatest advances in law, like those science, come through imagination. When scientific knowledge fails to explain new discoveries about the universe, scientists advance theories account for their discoveries' so too with law. Revolutions technology, Internet, challenge framework that regulates international armed conflict. Legal scholars must use imagination find ways tackle this problem. If not, law will become obsolete and meaningless states need its guidance. Man has long sought regulate warfare. From Chivalric Code U.N. Charter, man placed restraints on times one can resort war methods which it is conducted. There are a variety of reasons why, but, generalize, regulations response perceived problems state at given time. Sometimes these perceptions result shifts social conscience. At other times, values haven't changed all, but arise due radical changes way waged. As warfare changes, law; changing fast. Traditionally, instruments were only controlled by states. However, today's world globally interconnected computer systems, non-state actors laptop an Internet connection attack critical infrastructure another from across world. This major paradigm shift, war, today, adequately address. paper explore unique challenges cyberattacks pose provide analytical dealing them.