Michael J. Glennon, of Tufts University, has an important new piece out entitled “The Dark Future of Cybersecurity Regulation.” It’s a realistic view, in my judgement, of the prospects of international cyber treaties. Here’s a taste from the abstract:
States are not likely to consent to new international rules that restrict the use of cyber weapons. For better or worse the conditions necessary to promote the emergence and development of legalist constraints are not present in sufficient degree to support further international rules governing cyber conflict – any more than those conditions have been present in the past to support the emergence of rules governing clandestine or covert intelligence operations of which cyber activity normally is a part.