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special emergency regime

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9 - Possible Elements of the Cyber Emergency Regime
from Part III - Outlines of an Emergency Regime for Cyberspace
Henning Lahmann
Book:

Unilateral Remedies to Cyber Operations

Published online:

31 March 2020

Print publication:

09 April 2020, pp 272-281
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Summary

As serious cybersecurity incidents will likely not remain isolated and rare instances in the foreseeable future, this chapter advocates for a special emergency regime for cyberspace and proposes a number of elements such a treaty should comprise. A particular focus is on the question of ex post facto factual assessment and possibilities for multilateral, neutral, and institutionalised fact-finding mechanisms. Moreover, the question of vulnerabilities equities processes is addressed.