Of Hackers and Privateers: The Possible Evolution of the Problem of Cyber-Attribution

The escalating severity of the cyber-attribution problem (a problem with attributing cyberattacks to states that ordered them) poses a significant challenge to international law and cyberspace security. However, amidst worsening international relations, a viable solution remains elusive. To address this predicament, the authors turn to a historical echo of the contemporary practice of employing hacker groups – namely, privateering. After an in-depth examination of this analogy’s suitability, they focus mainly on the factors that contributed to the decline of privateering. Their goal is to uncover parallels potentially applicable to mitigating modern challenges posed by state-sponsored cyberattacks and the exploitation of cyber-attribution problem. Among the key identified factors, the most crucial were the emergence of professional cyber-capacities (akin to post-Napoleonic emergence of professional navies) and the disruption of hackers’ safe havens. The paper concludes by introducing three prospective scenarios reflecting potential pathways for the future of the cyber-attribution challenges.