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This essay argues that the discrete rules articulated in the commentary accompanying Rule 4 of the Tallinn Manual 2.0 regarding state sovereignty in cyberspace do not reflect customary international law. It considers the validity of the Rule 4 commentary primarily in the context of the United States’ “defend forward” strategy for disrupting cyber threats.
Thursday, April 29, 2021 1 min read
This essay argues that the discrete rules articulated in the commentary accompanying Rule 4 of the Tallinn Manual 2.0 regarding state sovereignty in cyberspace do not reflect customary international law. It considers the validity of the Rule 4 commentary primarily in the context of the United States’ “defend forward” strategy for disrupting cyber threats.
Jack Goldsmith is the Learned Hand Professor at Harvard Law School, cofounder of Lawfare, and a senior fellow at the Hoover Institution. Before coming to Harvard, Professor Goldsmith served as assistant attorney general, Office of Legal Counsel, from 2003 to 2004, and as special counsel to the Department of Defense from 2002 to 2003.
Alex Loomis is an associate at Quinn Emanuel Urquhart & Sullivan, LLP (affiliation provided for identification purposes only). Before joining Quinn Emanuel, Alex worked as a clerk to the Honorable Judge Debra Ann Livingston on the US Court of Appeals for the Second Circuit. Loomis graduated magna cum laude from Harvard Law School in 2017.
