Wednesday, May 29, 2013

NATO’s Tallinn Manual Has Started Raising Objections

Recently the NATO cooperative cyber defence centre of excellence (NATO CCD COE) released a manual titled the Tallinn Manual on the international law applicable to cyber warfare.

The effort is the first of its kind to provide a non binding and unofficial document to provide guidance regarding applicability of international law to cyber warfare activities. However, from the very beginning, cyber security experts have been warning that this document can create real troubles in the global cyberspace.

According to Praveen Dalal, managing partner of ICT law firm Perry4Law and leading techno legal expert of Asia, “The effort is Significant as it is the first Coordinated and Collaborative effort in the direction of tackling the menaced of Cyber Warfare at the International Level. However, this effort of NATO is also “Highly Risky” and “Pre Mature” as “International Consensus” is not an essential part of this effort”.

It seems now others have also endorsed this viewpoint of Praveen Dalal. Now it has been reported that Russia has warned against NATO document as legitimising cyber wars. According to Russian experts, while Russia is trying to prevent militarisation of cyberspace by urging the international community to adopt a code of conduct in this sphere, the United States and its allies are already agreeing the rules for prosecuting cyber warfare.

The “Real Problem” is that we have no “Internationally Acceptable” Cyber Security and Cyber Law Treaty, says Dalal.  In the absence of such “International Harmonisation”, the documents like Tallinn Manual are “More Problem than Solution”, opined Dalal.

NATO must be very cautious while releasing such documents as they may have serious consequences. This may also be seen as a backdoor entry for the rules and regulations prescribed by U.S. that other nations would not found very convincing and binding.