Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

The Question of ‘International Law of Cyberwar’

By Stewart Baker on March 22, 2013
Email this postTweet this postLike this postShare this post on LinkedIn

Will international law and diplomacy limit cyberwar? Those who believe in international “norms” for cyberwar usually argue that cyberattacks on financial institutions are beyond the pale.

For example, Harold Koh has declared the State Department’s view that cyberwarriors “must distinguish military objectives … from civilian objects, which under international law are generally protected from attack.” And Richard Clarke, a former White House adviser, claimed in 2010 that “most countries would agree to sign a treaty not to attack each other’s international financial and banking system networks. They don’t want to cross that Rubicon, or the entire international banking system could go down.”

Really?

Have you noticed that, since these speeches were given, DDOS attacks on Western banks have been attributed to Iran and North Korea has been blamed for cyberattacks on banks in South Korea. If you’re looking for norms in actual conflicts, as opposed to speeches, cyberattacks on the financial sector are starting to look, well, normal.

Photo of Stewart Baker Stewart Baker

Stewart Baker’s career has spanned national security and law. He served as General Counsel of the National Security Agency, Assistant Secretary for Policy at the Department of Homeland Security, and drafter of a report reforming the intelligence community after the Iraq War. His…

Stewart Baker’s career has spanned national security and law. He served as General Counsel of the National Security Agency, Assistant Secretary for Policy at the Department of Homeland Security, and drafter of a report reforming the intelligence community after the Iraq War. His legal practice focuses on cyber security, CFIUS, export controls, government procurement, and immigration and regulation of international travel.

Read more about Stewart BakerEmail
Show more Show less
  • Posted in:
    Technology and AI
  • Blog:
    Cyberblog
  • Organization:
    Steptoe LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo