The international legal framework governing state-sponsored cyber operations remains in a state of pronounced ambiguity, reflecting both the technical novelty of cyber capabilities and prior deliberate strategic choices of States to prioritize flexibility over clarity. This article explores the persistent “fog of law” surrounding international law and norms relating to cyber operations and the structural and substantive barriers to developing clear legal norms in the cyber domain. This article first assesses the structural and technical bases for the underdevelopment of legal norms as to cyber operations, before turning to the static ambiguity present in the United States Department of Defense Law of War Manual (the “Manual”). The piece describes the growing misalignment between the “strategic ambiguity” present in the Manual and the shift toward persistent engagement and “defending forward” that has been adopted by the U.S. and its allies. The article urges recalibration of the U.S. and other states’ legal positions, most notably through a revision of the Manual’s cyber operations chapter. By advancing clearer legal boundaries and unilaterally clarifying state positions, the U.S. and others can promote the development of customary international law, enhance legal predictability, and better align legal policies with contemporary cyber strategies. Addressing deficiencies of existing norms will also facilitate the evolving alignment of international law with Western strategic interests and values.
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