Research On Legal Issues Of Attribution In Cyber Attacks

In this ever-changing cyber era,cyber attacks are becoming more and more serious threats to the security of countries.Attribution has long been a problem in the field of network security.Some countries evade state responsibility by controlling non-state entities,such as hacker groups or even individuals,to launch cyber attacks,which cannot be attributed to specific actors.In this case,the traditional attribution rule of state responsibility has always been controversial.Only correct and responsible attribution of cyber attacks can safeguard the cyber security of the international community and enable victimized countries to obtain legal relief in a timely manner.In this paper,the attribution angle of international law as the entry point,with comparative law and empirical analysis of research methods,in order to be able to make some conclusions in the current situation of the attribution of cyber attacks and the application of law.The thesis is divided into four parts.The first part: the theoretical basis of cyber attack attribution.This part mainly determines the connotation and denotation of attribution of cyber attack,what is attribution,the source of attribution of cyber attack,and the legal interest balance of attribution.The denotation of attribution of network attack includes attribution of subject of cyber attack behavior,attribution of pattern of cyber attack behavior and attribution of responsibility of cyber attack behavior.The second part: empirical analysis of attribution dilemma of cyber attack.Classic case of existing international cyber attacks,parsing of Iran's "shock web" case cyber attack behavior main body attribution "attacker" definition,cyber attack behavior attribution of controversy "prohibit the use of force","Nicaragua case" and "Boris tadic case" cyber attack behavior main body of the attribution of controversy "national subject" category,attribution of cyber attack behavior patterns of definition,"control standard" cyber attack of attribution of responsibility attribution behavior state and non-state subject defines disputes,and based on these differences and difficulties,the maintenance of case study to our country network sovereignty has the positive practical significance.The third part: cyber attack attribution theory and practice.Through to the cyber attack attribution behavior main body,behavior,behavior responsibility,comprehensive review and summarize the United States,Britain,the European Union,the attribution of rules,the cyber attack attribution principle is personal behavior due to country needs effective control,the principle of attribution of cyber attacks is network attack behavior cannot be attributed to the country,the eu's cyber attacks on attribution principle is that the private entities cyber attack behavior can be attributed to the country.The fourth part aims at the attribution of cyber attack and discusses how China can better deal with the theory and practice of attribution of cyber attack by combining the behavior subject,behavior mode and behavior responsibility of attribution of cyber attack.