Editing Scenario 08: Certificate authority hack

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==== Prohibition of intervention ====
 
==== Prohibition of intervention ====
 
{{#lst:Prohibition of intervention|Definition}}
 
{{#lst:Prohibition of intervention|Definition}}
'''[L10]''' In incident 1, State B interfered with the internal affairs of State A by having a non-State actor issue fraudulent certificates, thereby undermining the security of online government services. However, proving the coercive nature of the act can be difficult. It depends on the ultimate goal of State B, and whether the act can be causally linked to the goal. If State B merely wanted to cause nuisance and economic loss to State A without any particular goal, the act does not qualify as prohibited intervention (even though it does qualify as a violation of sovereignty: see above).
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'''[L10]''' In incident 1, State B interfered with the internal affairs of State A by having a non-State actor issue fraudulent certificates, thereby undermining the security of online government services. However, proving the coercive nature of the act can be difficult. It depends on the ultimate goal of State B, and whether the act can be causally linked to the goal. If State B merely wanted to cause nuisance and economic loss to State A without any particular goal, the act does not qualify as prohibited intervention (even though it does qualify as a violation of sovereignty: see above). <!-- We find this discussion troubling. Intervention is defined through the prism of sovereignty, that is, acts amount to unlawful intervention when they coerce a state in relation to a matter that falls within the protected confines of its DR. So, the critical issues is not about the goal or intention of the offending state, but bout the impact of its conduct upon the victim state. -->
   
'''[L11]''' In incident 2, the analysis again depends on the goal of State B. If State B wanted to engage in cyber espionage against the Internet users in State A’s territory, or even if it wanted to conduct law enforcement activities in State A’s territory, without any intent to influence State A’s decisions on its internal or external affairs, the prohibition of intervention would not have been breached.
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'''[L11]''' In incident 2, the analysis again depends on the goal of State B. If State B wanted to engage in cyber espionage against the Internet users in State A’s territory, or even if it wanted to conduct law enforcement activities in State A’s territory, without any intent to influence State A’s decisions on its internal or external affairs, the prohibition of intervention would not have been breached.<!-- See previous comment. -->
   
 
==== Obligations arising from international human rights law ====
 
==== Obligations arising from international human rights law ====
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*Michael N Schmitt and Liis Vihul, ‘[https://texaslawreview.org/respect-sovereignty-cyberspace/ Respect for Sovereignty in Cyberspace]’ (2017) 95 Tex L Rev. 1639.
 
*Michael N Schmitt and Liis Vihul, ‘[https://texaslawreview.org/respect-sovereignty-cyberspace/ Respect for Sovereignty in Cyberspace]’ (2017) 95 Tex L Rev. 1639.
 
*Sean Watts & Theodore Richard, '[https://law.lclark.edu/live/files/26902-lcb223article3wattspdf Baseline Territorial Sovereignty and Cyberspace]' (2018) 22 Lewis & Clark L. Rev. 771.
 
*Sean Watts & Theodore Richard, '[https://law.lclark.edu/live/files/26902-lcb223article3wattspdf Baseline Territorial Sovereignty and Cyberspace]' (2018) 22 Lewis & Clark L. Rev. 771.
*Katja Ziegler, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1398 Domaine Réservé]”, in Rudiger Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008).
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*Katja Ziegler, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1398 Domaine Réservé]”, in Rudiger Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008). <br />
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* MN Schmitt (ed), ''Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations'' (CUP 2017)
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* Etc.
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=== Contributions ===

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