For OpinioJuris, Cecilia Pechmeze delves into the implications of states storing their data on the cloud
Governments, everywhere, have been using foreign Cloud Service Providers, leading to their data sometimes being located abroad. Beyond cyber security considerations, this raises questions regarding the qualification of an operation targeting government data located abroad. Practically, what would be the legal implications of a cyber operation conducted by an operating state A, against a targeted state B’s data located on host state C’s territory? A cyber operation affecting data only would unlikely amount to use of force or armed attack. This short essay thus reflects on the possibility for such an operation to constitute a violation of sovereignty and an intervention only.
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