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<p>Cyber attacks challenge both—state and society. An effective measure to counter this threat are so-called hackbacks (intrusive cyber operations conducted by the state into other entities’ IT systems with the objective of disrupting other cyber attacks). However, such incursions into third-party IT systems may be in contravention of the human right to data protection and data security. Thus, such measures must be underpinned by a&#xa0;robust legal framework that sets out clear and specific requirements and safeguards. It is imperative that both the legal basis and the respective intervention in each individual case are proportionate with regard to the negative consequences of the initial cyberattack and the extent to which the intrusive cyber operation interferes with the human right to data protection and data security. Furthermore, in determining the legality of intrusive cyber operations, it is necessary to consider the implications for security and international relations. The difficulty in attributing cyber attacks, coupled with the potential for an intrusive cyber operation to trigger uncontrollable chain reactions with diplomatic consequences, underscores the need for caution. In most cases, preventative and non-intrusive measures, including the strengthening of IT security, are preferable to defend against cyber threats. Intrusive cyber operations are at most only a&#xa0;last resort in response to serious cyber attacks.</p>

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„Hackbacks“ im Lichte der internationalen Menschenrechte: zivile intrusive Cyberoperationen als Herausforderung für das Völkerrecht

  • 期刊论文

  • 出版模式：

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  • 发表日期：

    2025年4月23日

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  • Mario Martini,
  • Roland Klein

摘要

Cyber attacks challenge both—state and society. An effective measure to counter this threat are so-called hackbacks (intrusive cyber operations conducted by the state into other entities’ IT systems with the objective of disrupting other cyber attacks). However, such incursions into third-party IT systems may be in contravention of the human right to data protection and data security. Thus, such measures must be underpinned by a robust legal framework that sets out clear and specific requirements and safeguards. It is imperative that both the legal basis and the respective intervention in each individual case are proportionate with regard to the negative consequences of the initial cyberattack and the extent to which the intrusive cyber operation interferes with the human right to data protection and data security. Furthermore, in determining the legality of intrusive cyber operations, it is necessary to consider the implications for security and international relations. The difficulty in attributing cyber attacks, coupled with the potential for an intrusive cyber operation to trigger uncontrollable chain reactions with diplomatic consequences, underscores the need for caution. In most cases, preventative and non-intrusive measures, including the strengthening of IT security, are preferable to defend against cyber threats. Intrusive cyber operations are at most only a last resort in response to serious cyber attacks.