The Study Of Countermeasures Against Cyber Attacks

The acceleration of globalization process is indispensable to the development of the Internet.The use of Internet for exchange of information or storing information automatically becomes more popular.The subsequent having appeared is the cyber attack.Due to the fact that the boundary of the Internet itself is fuzzy and the the flow of information is fast,cyber attack in cyberspace is concealed and launched quickly.Those which are not up to armed attack are illegal behavior and have posed a challenge to the existing international responsibility system,no matter in the definition of international wrongful act and the way in undertaking responsibility.Because of the lack of effective countermeasures to deal with such is not the actual casualties but affect the low intensity of cyber attacks,the current system is of almost no deterrent to of anonymous cyber attacker in peacetime.States are challenged daily,however,by malevolent cyber operations that do not rise to the aforementioned level.The use of the countermeasure in state responsibility system has become a more effective and convenient choice.Tallinn Manual on the International Law Applicable to Cyber Warfare(also as Tallinn Manual 1.0)is an academic,non-binding study on how international law(in particular the jus ad bellum and international humanitarian law)applies to cyber conflicts and cyber warfare.Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations(also as Tallinn manual 2.0)as the most complete and detailed academic writing about the law of state.We could see views on the current international trends by analyzing the relevant provisions of Tallinn manual.The first chapter is an overview of the cyber attack under the state responsibility system.It is different from the cyber attack under the armed conflict law.The chapter also focus on the cyber attack which is not subject to international law regulation.Clarifying the meaning of cyber is also explained in several basic ways,because the differences of attack mode can lead to different countermeasures.In the second chapter,the content are the differences between the traditional countermeasures and the countermeasures against cyber attack.First is the the dilemma of attribution in cyberspace.It is difficult to determine the standard of "effective control"and "overall control";Second,there would be a large number of non-state actors involved in cyberspace,which is necessary for the application of due diligence;Finally the countermeasure in cyberspace can spread to other country and cause the damage to the right of privacy in human rights.The human rights views of Tallinn manual are also reviewed in this chapter.The third chapter is to clarify the differences between the countermeasures and related crucial concepts in the context of cyberspace.The first is whether the counter measure can constitute the use of force,especially when it comes to cyberspace,what is the difference;The second is the differences between the countermeasures and the retorsion.At present,the international community has more to do with retorsion to deal with cyber attacks;The third is the differences between the countermeasure and necessity.The fourth chapter is the application of countermeasures against cyber attacks,especially the countermeasures taken in the form of cyber operation.The first element is the existence of international wrongful acts;The second is the subject element,which only allows the victim countries to carry out countermeasures;The third is to meet the requirements of proportionality,and specifically discusses several standards of proportionality and the views of Tallinn manual;Fourth,there is no violation of restrictive regulations,especially Peremptory norms of general international law.This chapter also compares the traditional differences with the rules in cyberspace.The fifth chapter is about the procedural standards of the countermeasure in cyberspace.The first part is the analysis of the necessity and feasibility of notification and negotiation;The second part is to solve the problem of a situation that there is a third-party dispute settlement mechanism existing.The last chapter is the enlightenment to China.In China,the implementation and theory of countermeasures to practice is weak.The research of countermeasure in cyberspace is currently in the phase of making law.We should stress more on the practice of countermeasures in a national level and involve in more private companies to strengthen cyber security.Besides,international cooperation is essential.