States Responsibility Attribution For Non-state Actor's Cyber Attacks

Cyber attacks are highly concealed and have low thresholds,which has aggravated the chaos in the international order and threatened national sovereignty as the foundation of the international legal system.With the control of network infrastructure in the real world,national sovereignty can still effectively manage cyberspace.The main body of the implementation of cyberattacks appears to be non-state actors.International law needs to rely on attribution theory to implement the theory of state responsibility,strengthen cooperation among countries and control cyberattacks within the territory of their jurisdiction.The "control" standard proposed in "Tallinn Manual 2.0" is the continuation and adjustment of the traditional "control" standard.It has technical rationality,is conducive to promoting the development of international rules,and can limit the abuse of countermeasures.Although the principle of prudence still has many disputes in actual operation and cannot be implemented immediately,judging from the justification of jurisprudence,it is possible to obtain its legal effect and legal actual effect,and it can also play a role in determining the control relationship.Complementary role and reduce inappropriate online activities by non-State actors.In the current technical context,the application of the principle of prudence in cyberspace international law may become a trend.In practice,due to controversy over the choice of counterattack measures and the application of the right to self-defense,it is impossible to form a unified cyberspace governance rule.Country places more emphasis on its national security and defends its own interests through unilateral or bilateral actions such as expanding the right of self-defense,strengthening cooperation to combat cybercrime,and strengthening military defense.For a long period of time in the future,cyberspace governance still needs to be achieved through sovereignty.State is the most important governance body,and the multi-stakeholder model is difficult to implement.China's adherence to cyber sovereignty,equal consultation governance rules and cyberspace rule of law in cyberspace governance has caused the Chinese government to assume excessive control obligations when faced with the application of the principle of prudence.Besides,the disadvantages of insufficient rulemaking capacity and lack of knowledge can not be ignored.On the one hand,China needs to adhere to the United Nations and other international organizations as a platform for rulemaking consultations,on the other hand,it needs to strengthen cooperation with emerging network powers such as Russia,develop independent rule systems,and strengthen the training of professionals.