13 September 2022

New CMS Report: Low-Intensity Cyber Operations and State Sovereignty in Cyberspace

CMS has published the report "Low-intensity cyber operations and state sovereignty in cyberspace” and an accompanying (Danish) memo. The report is authored by Professor Kevin Jon Heller (CMS) and published in cooperation with DJØF Publishing.

There are significant disagreements among states about what types of cyber operations international law prohibits. The states are especially divided on the issue of the most common types of cyber operations, called “low-intensity” cyber operations. Low-intensity cyber operations are operations that penetrate a computer system located on the territory of another state, but do not rise to the level of a use of force or prohibited intervention.

This CMS report compares and assesses three different positions concerning whether low-intensity cyber operations violate the sovereignty of the territorial state.