Public International Law

An earlier form of this article was published as Defining Cybersecurity Due Diligence Under International Law: Lessons from the Private Sector, in Ethics and Policies for Cyber Warfare __ (Maria Rosaria Taddeo ed., 2016). We would like to thank Springer Nature for allowing the republication and expansion of this chapter as an article for the present volume.

I would like to thank Emily Hayes and Katie Cierzan for their invaluable research assistance. This paper is based on ideas developed in my Lecture at my induction as the Wing-Tat Lee Chair of International at Loyola University Chicago School of Law, on 3rd of March 2013.

I benefited greatly from feedback on this paper at the University of Edmonton, Faculty of Law, the St. John’s International Law Workshop, and the William and Mary International Law Workshop. I would like to acknowledge very helpful comments by Chris Borgen, Danny Bradlow, Joanna Harrington, Peggy McGuiness, André Nollkaemper, Alice Ristroph, Annika Rudman, Brian Sheppard, Pierre Hughes Verdier, James Stewart, and the Seton Hall Law School faculty. Thanks to Amy Cuzzolino, Marissa Mastroianni, and Frank Ricigliani for their research assistance, and to Maja Basioli from the Seton Hall Law Library for her help.

The author of this student Comment is a ciswoman and welcomes critiques and comments she may not have investigated. She would also like to thank the CJIL staff, Professor Abebe, and Professor Citro for their perceptive feedback and suggestions.

Thanks to Jørn Jacobsen, Michael Kramer, Susan Rose-Ackerman and Catherine Sunshine for their discussion and comments. This paper is a result of research funded by the Norwegian Research Council and the Bergen Research Foundation.

Thanks to Joanna Langille, Ryan Liss, André Nollkaemper, Philip Alston, Alison Cole, William Burke-White, Sarah Lulo and participants in the Salzburg Cutler Law Fellows Program at the U.S. Institute of Peace, Washington D.C., 20–21 February 2015. Considerable thanks should also go to the staff of the Journal for their helpful comments and editorial assistance.

Special thanks go to my staff advisor Samantha Berkovits, my faculty advisor John Rappaport, and the rest of the CJIL staff.

J.D. Candidate, 2017, The University of Chicago Law School. I would like to thank Professor Flores and the editors of the Chicago Journal of International Law for their assistance and helpful suggestions.

Thanks are owed to Prof. Tom Ginsburg, Kevin Oliver, Elizabeth Muirhead, Katie Bass, and Hannah Loo for their careful reading and helpful commentary.