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Based on 5.5 Discussion Reading and Preparation: Tallinn Manual 2.0, participate in the following discussion.
Think about Catherine Lotrainte’s suggested method for enforcing the rights of victim states against economic espionage.
Is the author’s suggested method viable? Why or why not?
How would this impact the aviation industry?
Scrutinize Lotrainte’s claim (in Part III) that “there is a legally binding norm of non-intervention that reaches the kind of non-forcible economic influence that economic espionage represents” which is poorly understood. Given the nature of the cyber domain, does the norm of non-intervention apply? Does the Tallinn Manual 2.0 provide sufficient guidance?
When Tallinn Manual 1.0 was published, the sole topic was cyber warfare. In four short years, however, an updated manual, Tallinn Manual 2.0, was produced. Rather than covering a single topic, the revised manual expanded to cover the much broader topic of “cyber operations.” This change reflects that, while cyber warfare is a real and continuing concern, most cyber attacks in today’s world fall beneath the threshold for which the acts would be considered a formal act of war.
Tallinn 2.0 addresses topics such as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. This updated manual also identifies 154 “black letter” rules governing cyber operations and provides extensive commentary on each rule. See What Tallinn Manual 2.0 Teaches Us About The New Cyber Order ( https://www.forbes.com/sites/kalevleetaru/2017/02/09/what-tallinn-manual-2-0-teaches-us-about-the-new-cyber-order/#59677635928b ) from Forbes. At present, Tallinn 2.0 is the most comprehensive analysis of how existing international law applies to cyberspace.
While Tallinn 2.0 provides guidance from some of the leading cyber experts, it is not a legally binding document. Instead, lawyers, judges, and policymakers use it as a resource. Having a compendium of rules and recommendations of their application should lead to a more consistent approach to the application and interpretation of cyber rules when a cyber attack occurs.
Read Countering State–Sponsored Cyber Economic Espionage Under International Law ( https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=2040&context=ncilj )from North Carolina Journal of International Law.