Recently the NATO cooperative cyber defence centre
of excellence (NATO CCD COE) released a manual titled the Tallinn
Manual on the international law applicable to cyber
warfare.
The effort is the first of its kind to provide a non
binding and unofficial document to provide guidance regarding
applicability of international law to cyber warfare activities.
However, from the very beginning, cyber security experts have been
warning that this document can
create real troubles in the global cyberspace.
According to Praveen Dalal, managing partner of ICT
law firm Perry4Law
and leading techno legal expert of Asia, “The effort is Significant
as it is the first Coordinated and Collaborative effort in the
direction of tackling the menaced of Cyber Warfare at the
International Level. However, this effort of NATO is also “Highly
Risky” and “Pre Mature” as “International
Consensus” is not an essential part of this effort”.
It seems now others have also endorsed this
viewpoint of Praveen Dalal. Now it has been reported that Russia has
warned
against NATO document as legitimising cyber wars. According to
Russian experts, while Russia is trying to prevent militarisation of
cyberspace by urging the international community to adopt a code of
conduct in this sphere, the United States and its allies are already
agreeing the rules for prosecuting cyber warfare.
The “Real Problem” is that we have no
“Internationally Acceptable” Cyber
Security and Cyber
Law Treaty, says Dalal. In the absence of such
“International
Harmonisation”, the documents like Tallinn Manual are
“More Problem than Solution”, opined Dalal.
NATO must be very cautious while releasing such
documents as they may have serious consequences. This may also be
seen as a backdoor entry for the rules and regulations prescribed by
U.S. that other nations would not found very convincing and binding.
