Journal of Cyber Law (JOCL)

Journal of Cyber Law (JOCL)

Attribution of Artificial Intelligence-Based Cyberattacks in the Absence of Direct Human Agent in International Law

Document Type : Original Article

Authors
1 PhD student, Department of Law, Na.C, Islamic Azad University, Najafabad, Iran
2 Professor, Department of Law, Na.C, Islamic Azad University, Najafabad, Iran
3 Assistant Professor, Department of Law, Na.C, Islamic Azad University, Najafabad, Iran
Abstract
The legal examination of the attribution of cyberattacks based on artificial intelligence in the absence of a direct human agent in international law is an emerging and complex issue that has received special attention due to the nature of the technology and its specific technical and legal challenges. In the field of international law, attribution of an act to a specific state or actor is possible when the responsibility of the subject or human agent can be established; however, in automated cyberattacks based on artificial intelligence, the direct lack of a human agent and machine decision-making pose serious ambiguities regarding the extent of responsibility and the method of attribution.Using a descriptive-analytical method, the author has concluded that the method of attributing cyberattacks based on artificial intelligence to states is the main challenge in this field. Under the 2001 draft, the attribution factors in the case of States are the conduct of official organs of the State or of persons acting under the direction or control of the State and their acts are attributable to the State in their official capacity. The unlawful act or omission of organs and representatives of the State will give rise to the international responsibility of the State. In the 2011 draft for international organizations, the attribution of acts to the organization is based on their more limited structure and legal personality and includes conduct carried out by official organs and representatives of the organization, but attention is paid to the structural differences and fewer resources of organizations compared to States.
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