•  
  •  
 

Abstract

Artificial Intelligence (AI) has become a significant technology that has transformed different sectors, including cyberspace. As AI continues to advance, it poses complex challenges to the existing international legal frameworks that govern cyberspace. This research paper examines the relationship between AI, cyberspace, and international law. It explores the impact of AI on the development of cyberspace and its potential consequences for international law. It also examines the existing international legal frameworks that regulate cyberspace and the challenges posed by the development of AI. This paper investigates the legal implications of AI and cyberspace on international law, specifically in the context of state responsibility and the laws of armed conflict. It discusses the challenges posed by the use of autonomous systems and the potential for their misuse, as well as the legal frameworks that govern their development, deployment, and use. Additionally, the paper examines the role of AI in the protection and promotion of human rights, including privacy and freedom of expression, and considers the AI’s potential as a tool for accountability and transparency in international law. Overall, the paper highlights the need for continued discussion and collaboration among stakeholders in order to ensure that the development and use of AI and cyberspace technologies are consistent with international legal norms and values. The paper concludes by providing recommendations on how international law can respond to the challenges posed by AI in cyberspace.

References

Journal Articles and Periodicals

Edwards, Lilian and Michael Veale. “Slave to the Algorithm? Why a 'Right to an Explanation' Is Probably Not the Remedy You Are Looking For.” Duke Law and Technology Review 16, no. 1. (2019): 16-84.

International Law Association. “Digital Challenges for International Law,” White Paper 16 (2018).

Jada, Irshaad, and Thembekile O. Mayayise. “The impact of artificial intelligence on organisational cyber security: An outcome of a systematic literature review.” Data and Information Management. (2023). https://doi.org/10.1016/j.dim.2023.100063.

Larson, David Allen. “Artificial Intelligence: Robots, Avatars, and the Demise of the Human Mediator,” Ohio State Journal on Dispute Resolution 25. (2010): 105-164.

Marra, William & Sarah McNeil. “Understanding “The Loop”: Regulating the Next Generation of War Machines.” Harvard Journal of Law & Public Policy 36. (2013): 1139-1187.

Slayton, Rebecca. “What is the cyber offense-defense balance? Conceptions, causes, and assessment.” International Security 41, no. 3. (2017): 72–109.

Taddeo, Mariarosaria, Tom McCutcheon, and Luciano Floridi. “Trusting Artificial Intelligence in Cybersecurity Is a Double-Edged Sword.” Nature Machine Intelligence 1, no. 12. (2019): 557–560.

Books and Books Chapter

Amoroso, Daniele. Autonomous Weapons Systems and International Law: A Study on Human-machine Interactions in Ethically and Legally Sensitive Domains. Nomos: 2020.

Ashley, Kevin D. Artificial Intelligence and Legal Analytics. New York: Cambridge University Press, 2017.

Barrat, James. Our Final Invention: Artificial Intelligence and the End of the Human Era. New York: St. Martin’s Press, 2013.

Betz, David J., and Tim Stevens. Cyberspace and the State: Towards a Strategy for Cyber Power. Abingdon: Routledge, 2011.

Burton, Joe, and Simona R. Soare. “Understanding the strategic implications of the weaponization of artificial intelligence.” In The 11th International Conference on Cyber Conflict (CyCon): Silent Battle, edited by T. Minárik, S. Alatalu, S. Biondi, M. Signoretti, I. Tolga and G. Visky, 1–17. Tallinn: CCDCOE, 2019.

Lin, H. and J. Kerr. “On Cyber-Enabled Information Warfare and Information Operations.” In Oxford Handbook of Cybersecurity, edited by Cornish P. New York Oxford University Press, 2021.

Legal Documents

Rome Statute of the International Criminal Court (signed 17 July 1998, entered into force 1 July 2002).

International Maritime Organization, Maritime Cyber Risk Management in Safety Management Systems, IMO Resolution MSC.428(98) (2021).

United Nations Group of Governmental Experts, Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, UN Doc. A/70/174 (2015).

Web Sources

Frank Pasquale. “The Second Wave of Algorithmic Accountability.” LPE Project. Accessed on 15 November 2023, https://lpeproject.org/blog/the-second-wave-of-algorithmic-accountability/.

Michael Horowitz, Paul Scharre, Gregory C. Allen, Kara Frederick, et. al.“Artificial Intelligence and International Security.” Center for a New American Security Report, 2018. Available at https://www.cnas.org/publications/reports/artificial-intelligence-and-international-security.

North Atlantic Treaty Organization. “Cyber Defence.” Accessed 14 September 2023, https://www.nato.int/cps/en/natolive/topics_78170.htm.

Others

A.Ertan, K. Floyd, P. Pernik, et. al, “Cyber Threats and NATO 2030: Horizon Scanning and Analysis.” Tallinn: NATO CCDCOE, 2020.

International Chamber of Commerce, ICC Policy Statement on Artificial Intelligence, 2018.

International Civil Aviation Organization. “Using Artificial Intelligence to Improve Global Aviation Safety.” ICAO Working Paper A41-WP/90, 2022.

International Committee of the Red Cross. “Artificial Intelligence and Machine Learning in Armed Conflict: A Human-Centred Approach.” ICRC Position Paper, IRRC 913, 2021.

International Labour Organization. “Global Report Technology Adoption in Public Employment Services: Catching Up with The Future.” Geneva: International Labour Organization, 2022.

Michael C. Horowitz et al. “Artificial Intelligence and International Security.” Center for a New American Security Report, 2018.

Rain Liivoja and Ann Väljataga. “Autonomous Cyber Capabilities under International Law.” Tallinn: NATO CCDCOE, 2021.

UNIDIR. “The Weaponization of Increasingly Autonomous Technologies: Autonomous Weapon Systems and Cyber Operations.” UNIDIR Resources, 2017.

United Nations Development Programme. “Annual Report 2021.” New York: UNDP, 2022.

World Health Organization, “Ethics and Governance of Artificial Intelligence for Health: Guidance on Large Multi-modal Models.” Geneva: World Health Organization, 2024.

Share

COinS