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THE CYBER ATTACKS AGAINST THE COMPUTER SYSTEMS OF THE AMES POST AND
CHESTER & WALSINGHAM CANNOT BE ATTRIBUTED TO RIESLAND, AND IN ANY EVENT
DID NOT CONSTITUTE AN INTERNATIONALLY WRONGFUL ACT.
A. The cyber-attacks cannot be attributed to Reisland, and in any event did not
constitute an internationally wrongful act.
Attributing a cyber-attack to a certain source and discerning the intent of assailant
are of high significance in cyber-attacks. Ascription of an attack to a particular suspect
allows for a State to not attack an innocent country.
It is a quintessential principle of international law that States bear responsibility
for an act when: (i) the act in question is attributable to the State under international law;
and (ii) it constitutes a breach of an international legal obligation applicable to that State.
The mere fact that a cyber-operation has been launched or otherwise originates
from governmental cyber infrastructure is not sufficient evidence for attributing the
operation to that State. It merely denotes that the fact that a cyber-operation has been
mounted from government cyber infrastructure is an indication of that States
involvement. However, in and of itself, it does not serve as a legal basis for taking any
action against the State involved or otherwise holding it responsible for the acts in
question.
The law of State responsibility extend only to an act, or failure to act, that violates
international law. In other words an act committed by a States organ, or otherwise
attributable to it can only amount to an internationally wrongful act if it is contrary to
international law.