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Cyberwar and Customary International Law: The Potential of a "Bottom-up" Approach to an International Law of Information Operations

I. INTRODUCTION

After Estonia relocated a Soviet World War II memorial in late April 2007, the country fell prey to a series of distributed attacks which suddenly jammed and disabled various websites by overcrowding the bandwidths for the servers running the sites.1 Among the servers targeted were those hosting the websites of the Estonian president, major Estonian news agencies, government ministries, and two of the country's largest banks.2 Attempts to trace some early attacks revealed that at least some of the attacks had Russian origins and were alleged to have emanated from Russian state institutions.3 The attacks seemed to pour in from around the globe, however, making Estonian ...

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