THE FUTURE OF DUE DILIGENCE IN CYBERSPACE

Empowered by technical innovations, malicious cyber operations by non-state actors are becoming more effective in achieving their goals and more difficult for states to detect and mitigate. The concept of due diligence has thus become a promising tool in international law for imposing upon states positive duties to prevent, halt, and/or redress online harms. Here, Sun considers the applicability of due diligence in cyberspace. He introduces the mechanism of due diligence in the traditional context and examines the current understanding of its application in cyberspace. He also explores how the technical attributes of cyber operations affect the applicability of due diligence and discusses the potential benefits of establishing cyber due diligence.