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Wednesday, 12 February 2020 - 12.00pm
Location: 
Lauterpacht Centre for International Law, Finley Library

Lecture: 12.00 pm - 1.30 pm

Lecture summary: Cyber-attacks on large organisations, including multi-national companies, have increased in number and severity in recent years. From the 2014 destruction of IT infrastructure belonging to Sony in the US, and theft and subsequent damaging publication of its confidential data, to the disabling “Wannacry” attacks on the NHS in 2018, costing an estimated £92 million, cyber-attacks are increasingly capable of doing serious harm. Future targets are anticipated to include power plants and other critical energy infrastructure, which are often owned and run by foreign investors. The scale and sophistication of some of these attacks means only States have the capacity to protect against them. In recognition of that fact States are increasingly offering protection against cyber-risks to private companies. This lecture explores what that means for the obligation of full protection and security commonly found in bilateral investment treaties (BITs). Existing debates about whether it encompasses physical harm only or also legal risk may need to be updated. They should ask also whether States’ unique capacity, and in some cases assumption of responsibility, to guard against cyber-risks may expose them to claims by investors under BITs for preventable damage done to their investments by cyber-attacks.”

Richard O'Brien  practices in the fields of commercial law, professional liability and public law at 4 New Square in London.

              

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