APT—the New Cyberforce?
APT—the New Cyberforce?

Summary/Abstract: The authors explain the Advanced Persistent Threats (APT) phenomenon in the context of the legal and technical one perspectives. The APT definition is juxtaposed with the legal term of armed attack. Legal reflections are concentrated on the characteristics of the APT and try to explain whether this category is sufficiently unambiguous and consistent to serve as a powerful argument in legal analysis, which is especially important to the decision-makers in the context of self defence and the legality of a military response to a cyberattack. The technical perspective adds complexity to APT analysis due to the intrinsic characteristics of the malware, and more generally of the cyberattack. Therefore, the authors argue, analysis cannot merely focus on the technical context, and they underline the necessity for integration with the geopolitical and military context in order to provide a more exhaustive view of the attack and to support the attribution process.

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