Regulate Artificial Intelligence to Avert Cyber Arms Race

Abstract

As cyber attacks continue to escalate in terms of frequency, impact, and level of refinement so do the efforts of state actors to acquire new offensive capabilities to defend, counter or retaliate incoming attacks. Artificial Intelligence (AI) has become a key technology both for attacking and defending in cyberspace. When considered in the current regulatory vacuum this is problematic, as AI-enabled cyber conflict may escalate and threaten national security and international stability. This is why this article argues for the need to define regulation for state use of AI for defence purposes and calls on regional forums, such as NATO and the European Union, to revive efforts and prepare the ground for an initiative led by the United Nations. It concludes by offering three recommendations as key aspects to regulate. There are: legal boundaries that distinguish between legitimate and illegitimate targets and define proportionality of responses; promote testing strategies with allies to organize sparring exercises among allies to test AI-based defence tactics; monitor and enforce rules, a third-party authority with teeth, should rule on whether red lines, proportionality, responsible deployment or disclosure norms have been breached.