National position of the United States of America (2012)
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==Attribution== <section begin=US_2012 attribution /> "States are legally responsible for activities undertaken through “proxy actors,” who act on the state’s instructions or under its direction or control. The ability to mask one’s identity and geography in cyberspace and the resulting difficulties of timely, high-confidence attribution can create significant challenges for states in identifying, evaluating, and accurately responding to threats. But putting attribution problems aside for a moment, established international law does address the question of proxy actors. States are legally responsible for activities undertaken through putatively private actors, who act on the state’s instructions or under its direction or control. If a state exercises a sufficient degree of control over an ostensibly private person or group of persons committing an internationally wrongful act, the state assumes responsibility for the act, just as if official agents of the state itself had committed it. These rules are designed to ensure that states cannot hide behind putatively private actors to engage in conduct that is internationally wrongful."<ref>[https://harvardilj.org/wp-content/uploads/sites/15/2012/12/Koh-Speech-to-Publish1.pdf Harold Hongju Koh, International Law in Cyberspace], 18 September 2012, 6-7</ref><section end=US_2012 state responsibility /> [...] "[..]cyberspace significantly increases an actor’s ability to engage in attacks with “plausible deniability,” by acting through proxies. I noted that legal tools exist to ensure that states are held accountable for those acts. What I want to highlight here is that many of these challenges — in particular, those concerning attribution — are as much questions of a technical and policy nature rather than exclusively or even predominantly questions of law. Cyberspace remains a new and dynamic operating environment, and we cannot expect that all answers to the new and confounding questions we face will be legal ones."<ref>[https://harvardilj.org/wp-content/uploads/sites/15/2012/12/Koh-Speech-to-Publish1.pdf Harold Hongju Koh, International Law in Cyberspace], 18 September 2012, 8</ref><section end=US_2012 attribution />
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