Careful What You Wish For

Abstract

It is commonly acknowledged that international law applies to cyberspace. But “how” it applies is still a matter of dispute; a matter that was hampered by the limited number of legal opinions by States. It was assumed that an increase in opinio iuris and State practice would crystalize how international law applies to cyberspace. However, the recent surge in legal opinions has had a contrary effect, i.e. increasing rather than decreasing the differences – and hence the legal uncertainty. This development could even create legal asymmetry: while some States will comply with international law, others will exploit the ambiguity and cherry-pick the interpretation that supports their strategic goals.