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Notes
Оглавление1.Nicole Perlroth, “Chinese and Iranian Hackers Renew Their Attacks on U.S. Companies,” New York Times, February 18, 2019.
2.DOD, Office of General Counsel, Law of War Manual (Washington, DC: Secretary of Defense, December 2016), 1013.
3.David A. Wheeler and Gregory N. Larsen, “Techniques for Cyber Attack Attribution,” Institute for Defense Analysis, November 11, 2013.
4.Aaron Franklin Brantly, The Decision to Attack (Athens: University of Georgia Press, 2016), 80.
5.Bryant Jordan, “US Still Has No Definition for Cyber Act of War,” Military.com, June 22, 2016.
6.Legal Information Institute, 18 US Code §2331: Definitions, Cornell Law School.
7.Saundra McDavid, “When Does a Cyber Attack Become an Act of War?,” InCyber-Defense, American Public University, July 31, 2017.
8.Ronald H. Spector, Eagle against the Sun: The American War with Japan (New York: Free Press, 1985), 1–8.
9.Blair Hanley Frank, “When Is a Cyber Attack an Act of War? We Don’t Know, Warns Ex-Obama Adviser,” VentureBeat, September 14, 2017.
10.Mike Rounds, “Cyber Act of War Act of 2016,” S. 2905, 114th Congress, 2nd Session, May 9, 2016.
11.Marcell Lettre, “Cybersecurity, Encryption and United States National Security Matters,” Hearing before the Committee on Armed Services, S. 114-671, 114th Congress, 2nd Session, September 12, 2016, 85.
12.Ellen Nakashima, “When Is a Cyberattack an Act of War?,” Washington Post, October 26, 2012.
13.Michael N. Schmitt and Liis Vihul, “The Nature of International Law Cyber Norms,” The Tallinn Papers, no. 5, special expanded issue (2014): 7.
14.Michael N. Schmitt, “Cyber Operations in International Law: The Use of Force, Collective Security, Self-Defense, and Armed Conflicts,” in Proceedings of a Workshop on Deterring Cyberattacks: Informing Strategies and Developing Options for U.S. Policy (Washington, DC: National Academies Press, 2010), 152.
15.Schmitt, 152.
16.Schmitt, 152.
17.DOD, Law of War Manual, 82.
18.Michael N. Schmitt, “Classification of Cyber Conflict,” International Law Studies 89, no. 233 (2013): 240.
19.UN, Charter of the United Nations, Chapter I, Article 2(4), October 24, 1945.
20.Michael Schmitt, “Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations: What It Is and Isn’t,” Just Security, February 9, 2017, https://www.justsecurity.org/37559/tallinn-manual-2-0-international-law-cyber-operations/.
21.Michael Schmitt, ed., Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, 2nd ed. (Cambridge: Cambridge University Press, 2017), 329.
22.Net Politics Program, “The Cyber Act of War Act: A Proposal for a Problem the Law Can’t Fix,” Council on Foreign Relations, May 12, 2016.
23.Rounds, “Cyber Act of War Act of 2016.”
24.Harold Hongju Koh, “International Law in Cyberspace: Remarks as Prepared for Delivery to the USCYBERCOM Inter-Agency Legal Conference,” September 18, 2012, reprinted in Harvard International Law Journal Online 54, nos. 3–4 (December 2012).
25.Koh.
26.DOD, Law of War Manual, 1015.
27.DOD, 1015.
28.DOD, 1016.
29.Schmitt, Tallinn Manual 2.0, 341.
30.Michael N. Schmitt, “Peacetime Cyber Responses and Wartime Cyber Operations: An Analytical Vade Mecum,” Harvard National Security Journal 8, no. 2 (2017): 245.
31.Schmitt, 245.
32.Schmitt, Tallinn Manual 2.0, 341.
33.Schmitt, 341.
34.Schmitt, “Peacetime Cyber Responses,” 246.
35.UN, Charter of the United Nations, Chapter VII, Article 51, October 24, 1945.
36.DOD, Law of War Manual, 40.
37.Schmitt, Tallinn Manual 2.0, 348.
38.Schmitt, 349.
39.Schmitt, “Peacetime Cyber Responses,” 248.
40.Schmitt, Tallinn Manual 2.0, 84.
41.Schmitt, 84.
42.Schmitt, 85.
43.Schmitt, 20.
44.Schmitt, 20.
45.Michael Schmitt, “In Defense of Sovereignty in Cyberspace,” Just Security, May 8, 2018.
46.Schmitt.
47.Schmitt, Tallinn Manual 2.0, 21.
48.Schmitt, 22.
49.Schmitt, Tallinn Manual 2.0, 84.
50.International Law Commission, “Draft Articles on Responsibility of States for Internationally Wrongful Acts, with Commentaries,” Article 2, 2001, 34.
51.International Law Commission, 34.
52.Schmitt, Tallinn Manual 2.0, 87.
53.International Law Commission, “Draft Articles on Responsibility of States,” Article 8.
54.International Law Commission, chap. II, commentary, para. 1.
55.Michael N. Schmitt and Liis Vihul, “Proxy Wars in Cyberspace: The Evolving International Law of Attribution,” Fletcher Security Review 1, no. 2 (Spring 2014): 59.
56.Matthew Monte, Network Attacks and Exploitation: A Framework (New York: John Wiley, 2015).
57.International Law Commission, “Draft Articles on Responsibility,” Article 50, 1a.
58.Scott Maucione, “Lawmakers Still Looking for Definitive Answer on What Constitutes Cyber War,” Federal News Radio, April 16, 2018.
59.Lettre, “Cybersecurity, Encryption,” 85.
60.Bradley Barth, “New EU Framework Allows Members to Consider Cyber-Attacks Acts of War,” SC Magazine, October 31, 2017.
61.Schmitt, Tallinn Manual 2.0, 375.
62.Verizon, “2018 Data Breach Investigations Report,” 11th ed., April 2018, 8.
63.Tao Yan, Bo Qu, and Zhanglin He, “Phishing in a Nutshell: January–March 2018,” Palo Alto Networks, Unit 42 Blog, June 18, 2018.
64.Cisco, “2018 Annual Cybersecurity Report,” May 2018, 21.
65.Sandra, “Top 10 Free Keylogger Software in 2019,” Elite Keylogger (blog), January 17, 2019.
66.National Institute of Standards and Technology (hereafter NIST), Glossary of Key Information Security Terms, draft NISTIR 7298, revision 3, September 2018.
67.Elise Thomas, “As the West Warns of Chinese Cyber Spies, Poorer Nations Welcome Gifts with Open Arms,” Wired, June 11, 2018.
68.NIST, Glossary of Key Information Security Terms.
69.Radware, “Five Ways Modern Malware Defeats Your Defenses . . . and What You Can Do about It,” 2018.
70.Julia Sowells, “Polymorphic: Refers to a Malware’s Ability to Change,” Hacker Combat, August 20, 2018.
71.McAfee Labs, “Quarterly Threats Report,” June 2017, 8–10.
72.CrowdStrike, “Who Needs Malware?,” white paper, 2017, 2.
73.Kevin Jones, “Fileless Ransomware: The Next Big Threat for the US in the Waiting,” Hacker Combat, December 30, 2018.
74.Red Canary, “Threat Detection Report,” 1st ed., 2019, 6.
75.Red Canary, 8.
76.McAfee Labs, “Quarterly Threats Report,” September 2017, 38, 53.
77.Cisco, “2018 Annual Cybersecurity Report,” 6.
78.FireEye, “Advanced Malware Exposed,” white paper, 2011, 16.
79.Joseph Caddel, “Deception 101: Primer on Deception,” Strategic Studies Institute, US Army War College, December 2004.
80.Joint Chiefs of Staff, Military Deception, Joint Publication 3-13.4 (Washington, DC: Joint Chiefs of Staff, January 26, 2012), I-6.
81.Gregory Conti and David Raymond, On Cyber: Towards an Operational Art for Cyber Conflict (San Bernardino, CA: Kopidion Press, 2017), 246.
82.James Scott, “Information Warfare,” Institute for Critical Infrastructure Technology, 2018, 85–86.
83.Gordon Corera, “How France’s TV5 Was Almost Destroyed by Russian Hackers,” BBC News, October 10, 2016.
84.Ellen Nakashima, “Russian Spies Hacked the Olympics and Tried to Make It Look like North Korea, U.S. Officials Say,” Washington Post, February 24, 2018.
85.Tim Maurer, Cyber Mercenaries (Cambridge: Cambridge University Press, 2018), 5.
86.Ian Duncan, “Cyber Command Chief: Foreign Governments Use Criminals to Hack U.S. Systems,” Baltimore Sun, March 16, 2016.
87.James R. Clapper, “Worldwide Threat Assessment of the US Intelligence Community,” statement for the record, Senate Armed Services Committee, February 9, 2016.
88.Electricity Information Sharing and Analysis Center, “Analysis of the Cyber Attack on the Ukrainian Power Grid,” defense use case, March 18, 2006, v.
89.ICS-CERT, “Cyber-Attack against Ukrainian Infrastructure,” alert (IR-Alert-H-16-056-01), February 25, 2006.
90.Michael J. Assante, “Confirmation of a Coordinated Attack on the Ukrainian Power Grid,” SANS (blog), January 9, 2016.
91.Electricity Information Sharing and Analysis Center, “Ukrainian Power Grid,” 9.
92.Kim Zetter, “Inside the Cunning, Unprecedented Hack of Ukraine’s Power Grid,” Wired, March 3, 2016.
93.Zetter.
94.GReAT, “BlackEnergy APT Attacks in Ukraine Employ Spearphishing with Word Documents,” Securelist, Kaspersky (blog), January 28, 2016.
95.Zetter, “Inside the Cunning.”
96.JASmius, “Russian Hackers Take Down Power Grid in Ukraine,” Political Pistachio, January 5, 2016.
97.Electricity Information Sharing and Analysis Center, “Ukrainian Power Grid,” 6.
98.Zetter, “Inside the Cunning.”
99.Zetter.
100.Zetter.
101.SBU Press Center, “Russian Hackers Plan Energy Subversion in Ukraine,” Ukrinform, December 28, 2018.
102.Zetter, “Inside the Cunning.”
103.Ellen Nakashima, “Russian Hackers Suspected in Attack That Blacked Out Parts of Ukraine,” Washington Post, January 5, 2016.
104.Jim Kinkle, “U.S. Firm Blames Russian ‘Sandworm’ Hackers for Ukraine Outage,” Reuters, January 7, 2016.
105.Donghui Park, Julia Summers, and Michael Walstrom, “Cyberattack on Critical Infrastructure: Russia and the Ukrainian Power Grid Attacks,” Henry M. Jackson School of International Studies, University of Washington, October 11, 2017, https://jsis.washington.edu/news/cyberattack-critical-infrastructure-russia-ukrainian-power-grid-attacks/.
106.Park, Summers, and Walstrom.
107.Dan Goodin, “First Known Hacker-Caused Power Outage Signals Troubling Escalation,” Ars Technica, January 4, 2016.
108.Michael Connell and Sarah Vogler, “Russia’s Approach to Cyber Warfare,” CNA, March 2017, 20.
109.Connell and Vogler, 21.
110.Schmitt, Tallinn Manual 2.0, 22.
111.Daniel Gouré, “A Competitive Strategy to Counter Russian Aggression against NATO,” Lexington Institute, May 2018, 5.
112.Julian E. Barnes, “U.S. Cyber Command Bolsters Allied Defenses to Impose Cost on Moscow,” New York Times, May 7, 2019.
113.Alissa de Carbonnel, “Trump Says Putin ‘Competitor,’ Not Enemy,” Reuters, July 12, 2018.
114.Anna Mikulska, “When Trump Calls Russia a ‘Competitor’ for the US, He Might Be Talking about Natural Gas Exports,” The Conversation, July 13, 2018.
115.Michael Rogers, “Achieve and Maintain Cyberspace Superiority: Command Vision for U.S. Cyber Command,” US Cyber Command, March 2018, 3.
116.Rogers, 3.
117.“Threat of Cyber Attack from Russia Has Intensified, British MPs Told,” The National, June 25, 2018.
118.Morgan Chalfant, “Rosenstein Warns of Growing Threat from Russia, Other Actors,” The Hill, July 19, 2018.
119.Aaron Hughes, deputy assistant secretary of defense for cyber policy, Statement before the House of Representatives Committee on Oversight and Government Reform, Information Technology and National Security Subcommittee, July 13, 2016, 1.
120.Mark Pomerleau, “Why DoD Leaders Are Increasingly Worried about the ‘Gray Zone,’” C4ISR Networks, February 5, 2018.
