Facing a dramatic increase in cyber-attacks, the private sector has developed a broad range of cyber-security capabilities and services, from digital infrastructure security measures to active cyber defense and hack-back. Think Tanks, especially with an Anglo-Saxon background, have argued that active cyber-defense measures taken by the private sector should be accepted and put in place. However, arguments that tend to praise the role of the private sector in this regard reflect a genuine distrust against state actors which are considered to be either unwilling or unable to defend the private sector. According to Carnegie Endowment for International Peace the security of the private sector today is a matter of “self-help”, namely “a private actor’s actions taken to protect its assets without recourse to the law enforcement”. These initiatives that question the respective roles of the State and of the private actors in the management of cyber threats are in contrast with more cautious approaches, such as that of the recent Paris Call for Trust & Security in Cyberspace, which asks that steps be taken “to prevent non-State actors, including the private sector, from hacking-back, for their own purposes or those of other non-State actors”. The objective of this panel is to address different issues raised by Active Cyber Defense and the theory of ‘self-help’ and to question how to build a new and efficient partnership between public and private actors in order to reach a sustainable and acceptable level of cybersecurity.
Agenda (9am – 12:30pm)
Panel Discussion: Private Actors’ Self-Help in the Cyberspace
Chairmen: Karine Bannelier and Théodore Christakis
Karine Bannelier-Christakis, Deputy Director & Social Sciences Coordinator of the Cybersecurity Institute and Associate Professor in International Law – CESICE, Université Grenoble Alpes.
Laurent Bernat, Policy analyst at the Digital Economy Policy Division – Organisation for Economic Co-operation and Development (OECD).
Theodore Christakis, Professor of International Law and Director of the Centre for International Security and European Studies (CESICE) – Université Grenoble Alpes.
Wyatt Hoffman, Senior research analyst with the Nuclear Policy Program and the Cyber Policy Initiative at the Carnegie Endowment for International Peace.
Nimrod Karin, Hebrew University of Jerusalem.
Alexandre Magloire, National Cybersecurity Agency of France.
Yuval Shany, Professor of International law, Chair of the United Nations Human Rights Committee and Deputy president of the Israel Democracy Institute – Hebrew University of Jerusalem.
Nicholas Tsagourias, Professor of International Law and director of the Sheffield Centre for International and European Law – University of Sheffield.