cyber activity ranging from the broad category of adversary through to
specific states and individuals.
Australia has a well-developed process to guide and inform a decision by the
Australian Government to make a public or private attribution disclosure.
This process includes, but is not limited to, considering all relevant
information, including the larger context of the event, the challenges of
attribution in the ICT environment and the nature and extent of the
consequences.
The Australian Government has a comprehensive suite of strategic response
options to deter and respond to unacceptable behaviour in cyberspace,
encompassing diplomatic, economic, legal and law enforcement, defencebased, and private sector measures.
To deepen common understandings, Australia has published information
detailing how it considers cyber incidents and response options should be
assessed under international law (see, e.g.: Australia’s position on how
international law applies to state conduct in cyberspace), including:
In determining whether a cyber attack, or any other cyber activity,
constitutes a use of force, states should consider whether the
activity's scale and effects are comparable to traditional kinetic
operations that rise to the level of use of force under international
law. This involves a consideration of the intended or reasonably
expected direct and indirect consequences of the cyber attack,
including for example whether the cyber activity could reasonably
be expected to cause serious or extensive ('scale') damage or
destruction ('effects') to life, or injury or death to persons, or result
in damage to the victim state's objects, critical infrastructure and/or
functioning.
When responding to a use of force, Australia considers that the
thresholds and limitations governing the exercise of self-defence
under Article 51 of the UN Charter apply in respect of cyber
operations that constitute an armed attack and in respect of acts of
self-defence that are carried out by cyber means. Thus if a cyber
operation – alone or in combination with a physical operation –
results in, or presents an imminent threat of, damage equivalent to
a traditional armed attack, then the inherent right to self-defence is
engaged (see, eg: 2019 International Law Supplement). Australia has
also made public statements explaining its position on the concept
of imminence and the right of self-defence in the context of national
security threats that have evolved as a result of technological
advances.
www.dfat.gov.au/cyberaffairs
esafety.gov.au/parents