Michael Niekamp and Florian Grunert have published an paper titled:"A Non-Attribution-Dilemma and its Impact on Legal Regulation and other Rational Strategies"
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A general challenge of cyberwar lies in the field of legal regulation. This paper analyses the systematic role of the nonattribution-problem with regard to the possibility of rational legal regulation.
Firstly we provide a conceptual specification of nonattribution. Secondly, referring to a classical definition of war and a sound principle of self-defense, we provide a logical clarification of these terms for cases of non-attribution.
Afterwards we argue that any attempt to rational legal regulation will lead to a serious non-attribution-dilemma, which consists either in a reductio ad absurdum of the category of war and a sound principle of self-defense or the indistinguishability of a state of regulation and anarchy.
However, the existence of this non-attribution-dilemma has no impact on the possibility of rational deterrence through a threat of retaliation, which in turn might lead to a complete prudential dilemma.
A Non-Attribution-Dilemma and its Impact on Legal Regulation and other Rational Strategies by Michael Niekamp and Florian Grunert
Keywords: legal regulation; non-attribution-dilemma; prudential-dilemma; impossibility
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