Panel Discussion: Private Actors’ Self-Help in the Cyberspace

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Summary:

Facing a dramatic increase in cyber-attacks, the private sector has developed a broad range of cyber-security capabilities and services, from digital infrastructure security measures to active cyber defense and hack-back. Think Tanks, especially with an Anglo-Saxon background, have argued that active cyber-defense measures taken by the private sector should be accepted and put in place. However, arguments that tend to praise the role of the private sector in this regard reflect a genuine distrust against state actors which are considered to be either unwilling or unable to defend the private sector. According to Carnegie Endowment for International Peace the security of the private sector today is a matter of "self-help", namely "a private actor’s actions taken to protect its assets without recourse to the law enforcement". These initiatives that question the respective roles of the State and of the private actors in the management of cyber threats are in contrast with more cautious approaches, such as that of the recent Paris Call for Trust & Security in Cyberspace, which asks that steps be taken "to prevent non-State actors, including the private sector, from hacking-back, for their own purposes or those of other non-State actors".
The objective of this panel is to address different issues raised by Active Cyber Defense and the theory of "self-help" and to question how to build a new and efficient partnership between public and private actors in order to reach a sustainable and acceptable level of cybersecurity.

Detailed programme:

Wednesday 5 June
10am - 12:30pm

Panel Discussion: Private Actors’ Self-Help in the Cyberspace
Chairmen: Karine Bannelier and Théodore Christakis

Panelists:
- Wyatt Hoffman, Senior research analyst with the Nuclear Policy Program and the Cyber Policy Initiative at the Carnegie Endowment for International Peace
- Laurent Bernat, Policy analyst at the Digital Economy Policy Division - Organisation for Economic Co-operation and Development (OECD)
- Yuval Shany, Professor of International law, Chair of the United Nations Human Rights Committee and Deputy president of the Israel Democracy Institute - Hebrew University of Jerusalem
- Nicholas Tsagourias, Professor of International Law and director of the Sheffield Centre for International and European Law - University of Sheffield
- Karine Bannelier, Deputy Director & Social Sciences Coordinator of the Cybersecurity Institute and Associate Professor in International Law - CESICE, Univ. Grenoble Alpes
- Théodore Christakis, Professor of International Law and Director of the Centre for International Security and European Studies - CESICE, Univ. Grenoble Alpes
-Nimrod Karin, Research fellow at the Federmann cyber security center - Cyber law program of the Hebrew University of Jerusalem
- Alexandre Magloire - National Cybersecurity Agency of France (ANSSI)

Main speakers:

Karine Bannelier-ChristakisKarine Bannelier-Christakis
Deputy Director & Social Sciences Coordinator of the Cybersecurity Institute and Associate Professor in International Law - CESICE, Univ. Grenoble Alpes

Her work explores the ability of international law to adapt to new challenges of international security and investigates if existing international law can deal with new threats especially in the Cyberspace. Particularly interested in cyber-security issues, she questions the applicability and interpretation of general principles of international law as well as the rights and obligations of the various actors, both State and non-State ones. She has developed in this field the concept of cyber-diligence which was integrated in 2018 in the National Cyber Defense Strategy of France. Her work covers also jus contra bellum, and jus in bello. She has published 8 books, 46 articles, organized 12 workshops and made 66 presentations in 21 countries. Member of the board of the French Government Initiative on Cybersecurity, she was in charge of the scientific organization of its 2017 Conference at the UNESCO and she was also involved in the National Cyber Defense Strategy of France. In 2018 her book published with T. Christakis Cyber-Attacks. Prevention-Reactions: The Role of States and Private Actors was awarded by the International Cybersecurity Forum.
Laurent Bernat
Laurent Bernat
Policy analyst at the Digital Economy Policy Division - Organisation for Economic Co-operation and Development (OECD)

Laurent Bernat is policy analyst at the OECD Secretariat in the Digital Economy Policy Division, where he works on digital security policy issues. He recently worked on many different trust-related policy issues including national cybersecurity strategies, digital identity management, RFID, cryptography policy and the protection of children online.
theodore-christakisTheodore Christakis
Professor of International Law and Director of the Centre for International Security and European Studies - CESICE, Univ. Grenoble Alpes

Theodore Christakis (@TC_IntLaw ) is Professor of International Law at the Université Grenoble Alpes. He is the Director of the Centre for International Security and European Studies (CESICE) and the Deputy Director of the Grenoble Alpes Data Institute. He is a Member of the Institut Universitaire de France and of the French National Digital Council and a Senior Fellow with the Cross-Border Data Forum. He has been invited more than 100 times to give lectures & academic presentations in several Conferences, Workshops & Seminars held in 28 countries. He has published or co-edited 9 books and is the author or co-author of more than 70 scientific articles and book chapters that focus on public international law, international security law, international and European protection of human rights, cyber security law and data protection and governance. He has served as Legal Counsel for governments, international organisations and the private sector.
Wyatt HoffmanWyatt Hoffman
Senior research analyst with the Nuclear Policy Program and the Cyber Policy Initiative at the Carnegie Endowment for International Peace

Wyatt Hoffman is a senior research analyst with the Nuclear Policy Program and the Cyber Policy Initiative at the Carnegie Endowment for International Peace. His research focuses on private sector cyber capabilities, emerging technologies, and the intersection of nuclear weapons and cybersecurity. He is a graduate of Carnegie’s James C. Gaither Junior Fellows Program and was a Rotary Global Grant Scholar in Peace and Conflict Prevention and Resolution at King’s College London’s Department of War Studies.
Nimrod KarinNimrod Karin
Research fellow at the Federmann cyber security center - Cyber law program of the Hebrew University of Jerusalem

Nimrod Karin is a JSD candidate at New York University School of Law. He received his LLM in international legal studies from NYU in 2014. He received his LLB, magna cum laude, from Tel Aviv University, Israel (2006), where he was a teaching and research assistant in various fields, as well as a member of the editorial board of the journal Theoretical Inquiries in Law.
From 2006 to 2012 Nimrod served as a legal adviser to the Israel Defense Forces, at the International Law Department of the Military Advocate General’s Corps’ HQ (retired at the rank of Captain). From 2012 to 2013 Nimrod was the Deputy Legal Adviser to Israel’s Permanent Mission to the United Nations. In the course of his public service, Nimrod practiced numerous areas of Public International Law, specializing on the Law of Armed Conflict, International Law of Arms Control and Disarmament, International Criminal Law, International Human Rights Law, and international and comparative anti-terrorism law. As part of his work, Nimrod participated in multilateral and bilateral treaty negotiations, and appeared before several UN Human Rights Treaty Bodies.
Alexandre Magloire
National Cybersecurity Agency of France (ANSSI)

Alexandre Magloire joined ANSSI in March 2018 to work on regulation and legal issues linked to digital security, develop guidance, recommendations and best practices about digital security.
He worked previusly for a telecom operator on their update of security evaluation processes based on (inter)national standards (such as ANSSI, NIST, ISO) and participated to the development of their existing security monitoring team. He was also employed at Hervé Schauer Consultants in November 2014 as an organizational security consultant where he was in charge of Information security management systems’ accompanying and auditing, writing security policies and procedures, but also risks assessments.
Alexandre is certified provisional implementer and auditor ISO 27001:2013, provisional Risk Manager ISO 27005:2011, provisional Risk Manager EBIOS, provisional implementer and auditor ISO 22301:2012 by LSTI and GIAC GSEC certification.
Yuval Shany
Yuval Shany
Professor of International law, Chair of the United Nations Human Rights Committee and Deputy president of the Israel Democracy Institute - Hebrew University of Jerusalem

Yuval Shany is Professor of International law at Hebrew University where he holds the Hersch Lauterpacht Chair in Public International Law. He is also Chair of the United Nations Human Rights Committee and deputy president of the Israel Democracy Institute.
Nicholas Tsagourias
Nicholas Tsagourias

Professor of International Law and director of the Sheffield Centre for International and European Law - University of Sheffield

Nicholas Tsagourias‘ main research interests are in the fields of international law and the use of force, international humanitarian law, collective security law, and cybersecurity. He currently holds a visiting post at Paris School of International Affairs (PSIA).