International Governance of Non-State Actors in Cyberspace: Is a Single Entity Sufficient for Dispute Resolution? [open pdf - 2MB]
From the Thesis Abstract: "Cyberattacks by non-state actors have evolved with the speed of technology, leaving governments largely powerless to address emerging threats, partly due to the lack of legal options to dissuade or deter malicious non-state actors. To adequately address the threat, the international community must form legally binding mechanisms to pursue non-state actors similar to the way the world rethought terrorism after 9/11. This thesis rejects a proposed dispute-mitigation recommendation now under consideration by international negotiators--the NATO Cooperative Cyber Defence Centre of Excellence, leveraging the Budapest Convention on Cybercrime as its framework--and explores an alternative approach for the international governance of the cyber domain, with due mechanisms established to address the ongoing threat of malicious non-state actors. Numerous stakeholders influence cyber strategies in the U.S. and internationally; therefore, a one-system entity is an ineffective regulatory mechanism. Rather, it should be multi-pronged, multilateral, and comprise a unified approach that includes the UN, NATO, INTERPOL, as well as sanctioned unilateral state processes to achieve optimal outcomes. The Paris Climate Agreement should be referenced as a model for success in garnering support for this governance initiative, utilizing the UN to define the space and develop a clear, well-defined framework leveraging the Budapest Convention and the Tallinn Manual 2.0 encapsulated in an amendable treaty."
Naval Postgraduate School, Dudley Knox Library: https://calhoun.nps.edu/