Cybersecurity and AI: The Role of International Law in Preventing and Responding to AI-Enabled Cyber Threats.

Abstract:

Expectedly, International laws play an important role in cybersecurity and artificial intelligence (AI) by offering a framework to address new threats and regulate the development and application of AI technologies, especially with regard to potential cross-border cyberattacks. Imperatively, they ensure responsible behaviour by States and help to mitigate potential conflicts resulting from AI-powered cyber operations. However, because these technologies are developing so quickly, the extant laws that are supposed to address cyber threats arising from AI struggle to respond – partly because of the lack of flexibility of stakeholders. This paper is analytical in approach. It aims to examine international responses to AI-enabled cyber threats. In the end, it finds that the existing legal framework lacks robust provisions to address this growing threat. While the Malabo Convention lacks adequate domestication from the African jurisdictions, the Budapest Convention on Cybercrime and the EU GDPR do not have provisions on AI governance. To put this paper in a perspective, some recommendations have been made, such as the adoption of compensatory enforcement mechanisms, enhanced liability mechanisms, and the legislation of a robust legal framework among others.