Ashley Deeks on Cyberretaliation

Although there's something amusingly recursive about a blogger blogging about another blogger's posting about yet another blogger (okay, not just a blogger but a law professor), Joshua Keating's War of Ideas at ForeignPolicy.com recently posted a useful summary of views by Professor Ashley Deeks of the University of Virginia Law School about cyberretaliation.  In the rapidly expanding field of legal scholarship about cyberwarfare and the still-nebulous concept of "cyberterrorism," Deeks cogently argues that when a state seeks to respond to a cyber attack, or more conventional armed attack, that responding state may only take action against a non-state actor in the territory of the state from which the attack emanated if it has the consent of the latter state or if it determines that the latter state is "unwilling or unable" to suppress the threat posed by the non-state actor.  Two of her articles touching on these issues can be found on ASIL Insights and International Law Studies (via SSRN).