Duties Owed: Low-Intensity Cyber Attacks and Liability for Transboundary Torts in International Law

Low-intensity state-sponsored cyber attacks exist within a "gap" in public international law. Falling short of the definitions of use of force and intervention, these attacks are not clearly governed by international law. Some scholars have sought to stretch established international legal categories to resolve this problem, while others have suggested new treaty regimes for cyberspace altogether. I suggest an alternative: liability for the duty to prevent and redress transboundary harms. By examining the origins of this duty, this Note identifies how liability for the duty to prevent and redress transboundary harms might apply for low-intensity cyber attacks, an increasingly common and destructive category of attacks.