2 At the same time, various experts have used the analogy to describe the collusion between attackers and states. Scholars have used the analogy to privateering to recommend, or dismiss, the issuance of letters of marque to private companies in cyberspace. This chapter argues that the study of the historical evolution of the private system of force in maritime history offers important lessons for analyzing and shaping the evolution of cybersecurity. On the contrary, once a private system of force was created, states were not able to control the use of force completely. However, the historical record indicates that such norms did not develop quickly nor was the process of attaining them a peaceful one. Policymakers’ hopefulness about the analogy to the seas is understandable maritime trade is relatively peaceful after all. Mike Rogers also referred to maritime norms when thinking about norm development for cyberspace. At the North Atlantic Treaty Organization’s Cooperative Cyber Defence Centre of Excellence in Estonia in 2015, Adm. 1 He suggested that similar norms of the maritime environment were needed in cyberspace. Two months after the 2007 cyber attacks on the small Baltic country of Estonia, Defense Minister Jaak Aaviksoo used the analogy to privateering in a speech, pointing to the 1856 Declaration Respecting Maritime Law that abolished privateering. Florian Egloff, a Clarendon Scholar, is a doctoral candidate at the Centre for Doctoral Training in Cyber Security and a research affi liate at the Cyber Studies Programme in the Department of Politics and International Relations at the University of Oxford.
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