26. No State should knowingly allow its territory to be used for acts contrary to the rights
of other States.Footnote 20 This also applies in cyberspace. A State that has
knowledge of a malicious cyber activity is expected to take all appropriate and
reasonably available and feasible steps to stop ongoing or temporally imminent
cyber activities that result or would result in significant harmful effects that impact
the legal rights of another State.
27. The precise threshold that triggers this expectation will depend on the totality of the
circumstances in that situation. This would include whether the State has
knowledge of the wrongful acts, its technical and other capacities to detect and stop
these acts, and what is reasonable in that case. For example, a State with limited
technical capabilities would not likely be expected to respond if it failed to detect a
malicious cyber activity emanating from or through cyber infrastructure on its
territory. However, once aware, the State would be expected to respond.
State Responsibility
28. The international law of State responsibility applies across the whole spectrum of
substantive areas of international law, including in cyberspace. It governs such
issues as the attribution of internationally wrongful acts to States. It also addresses
circumstances precluding wrongfulness, including countermeasures, and possible
remedies. The law of State responsibility is not concerned with the legality of the
use of force, including in self-defence, which is a separate area of international law.
29. In Canada’s view, this well-established body of international law is not only
applicable, but highly relevant in relation to contemporary cyber activities. To date,
all publicly known malicious cyber activities have been widely interpreted by States
as falling below the threshold (or thresholds) of the threat or use of force or armed
attacks.
Internationally Wrongful Acts
30. An internationally wrongful act in the cyber context is a cyber-related action or
omission that:
constitutes a breach of an international legal obligation, whether to another
State or the entire international community; and
is attributable to a State under international law.
31. International law recognises exceptions to what would otherwise be internationally
wrongful acts. Examples include cases of self-defence and countermeasures.
Attribution
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