The Problem of Defining a Cyber Attack

Abstract

The author discusses problematic aspects in terms of developing a definition of a cyber attack. It is noted that such illegal actions capable of disabling nuclear centrifuges, air defense systems and electrical networks, etc., undoubtedly pose a serious threat to national security. In fact, in their destructive power, cyber attacks are approaching armed action. There are no treaties or other normative documents in international law that can regulate international cooperation in the prevention and limitation of cyber attacks. A new comprehensive legal framework, both at the domestic and international levels, is needed to counter cyberattacks more effectively. The importance of using theoretical and legal developments in the field of information security in law-making activities is fixed. International efforts to regulate cyberattacks should begin with an agreement on the definition of cyberattack, cybercrime and cyberwarfare. This would lay the foundation for expanding international cooperation in the field of information exchange, evidence collection and criminal prosecution of persons involved in cyber attacks, and more importantly, for a new international legal act on cyber attacks. The author presents some recommendations for further improvement of legal measures to counteract epistemological wars.