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Beyond Bunker and Vaccine: The DNC Hack as a Conflict of Laws Issue

  • Fleur Johns (a1) and Annelise Riles (a2)

Extract

Who was responsible for the cyberincursions upon the Democratic National Committee (DNC) that took place during the U.S. presidential campaign? Russia's “senior most officials”? A “a tattooed 26-year-old” running a server rental company in western Siberia? U.S. political party leaders and other insiders disinclined to implement “best in class” cybersecurity measures? Or does responsibility lie elsewhere?

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

References

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1 David E. Sanger & Charlie Savage, U.S. Says Russia Directed Hacks to Influence Elections, N.Y. Times (Oct. 7, 2016).

2 Andrew E. Kramer, A Voice Cuts Through, and Adds to, the Intrigue of Russia's Cyberattacks, N.Y. Times (Sept. 27, 2016).

3 Nolan D. McCaskill, DNC creates cybersecurity advisory board following hack, Politico (Nov. 8, 2016, 5:29 PM).

4 Sanger & Savage, supra note 1.

5 David E. Sanger, Obama Strikes Back at Russia for Election Hacking, N.Y. Times (Dec. 29, 2016).

7 Warning Russia on Hacking Isn't Enough, N.Y. Times (Nov. 24, 2016).

8 Duncan Hollis, Russia and the DNC Hack: What Future for a Duty of Non-Intervention?, Opinio Juris (July 25, 2016, 3:02 PM).

9 Matthew Rozsa, Republican are now interested in looking into the hack against the DNC, Salon (Nov. 16, 2016, 8:38 PM).

10 Sanger, supra note 5.

11 Comprehensive National Cybersecurity Initiative, White House President Barack Obama.

12 Fred B. Schneider, A Computer Scientist Musing about the DNC Hack, 110 AJIL Unbound 343 (2017).

13 Kim Zetter, Hacker Lexicon: What Are White Hat, Gray Hat, and Black Hat Hackers?, Wired (Apr. 13, 2016, 5:03 PM).

14 Hack the Pentagon, Hacker One.

16 Nick Statt, Obama appoints execs from MasterCard, Uber, and Microsoft to cybersecurity panel, The Verge (Apr. 13, 2016, 8:00 PM).

18 Waqas Amir, Bangladesh Ministry of Social Welfare website hacked by Abu Halil501, Hack Read (June 27, 2013, 12:18 AM).

19 Arafat Kabir, After Hackers Steal $81 Million, What Now For Bangladesh Central Bank?, Forbes (Mar. 16, 2016, 6:27 AM).

20 Nir Kshetri, Diffusion and Effects of Cyber-Crime in Developing Economies, 31 Third World Q. 1057 (2010).

21 Legal Information Institute, Wex: In Rem, Cornell University Law School.

22 Cory Bennett & Bryan Bender, Retaliating for DNC hack poses political minefield, Politico (July 25, 2016, 06:09 PM).

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