Cyber-Influence Operations: A Legal Perspective

摘要

The role of social media in mass protests, such as the Arab Spring, provided insight into the use of online technologies for large-scale influence. The investigations and allegations surrounding the British independence referendum, the 2016 US election, and influence campaigns in South Africa illustrate a complex weave of actors, including foreign operators, trans-Atlantic ideological networks with wealthy financiers, political firms using behavioural advertising, and domestic politicians, engaging in or benefiting from cyber-influence operations, often complicating international relations between affected states, resulting in tit-for-tat increased regulation on foreign journalists in the U.S. and Russia. The majority of academic studies of cyber-influence operations focus on the mechanisms to conduct them or the security and societal impact thereof. Few studies consider the legal perspectives of employing cyber-influence operations or the measures taken by states to mitigate the impact. The regulatory options that can be applied to these scenarios are complex, ranging from international humanitarian law to local legislation. This paper identifies the common components and techniques of online influence and the countermeasures. A document analysis of various regulatory guidelines and norms is conducted to investigate the legality of various cyber-influence operations and the mechanisms to conduct them, as well as the proposed counter-measures.