Which term describes law derived from consistent state practice and accepted as legally binding in cyberspace?

Which term describes law derived from consistent state practice and accepted as legally binding in cyberspace?

• A. Customary Law
• B. Formal Treaties
• C. LOAC
• D. ECPA

Answer: (A)

Customary law describes rules that arise from consistent state practice and the belief that such practice is legally obligatory (opinio juris). In cyberspace, many norms develop this way: states repeatedly act in similar ways and treat those actions as binding, even without a formal treaty. That makes it the best fit for law described as derived from practice and accepted as binding in cyberspace. Formal treaties are written agreements that bind states once they consent to them. LOAC (Law of Armed Conflict) is a specific body of international humanitarian law governing conduct in war. ECPA is a U.S. domestic privacy statute.

Customary law describes rules that arise from consistent state practice and the belief that such practice is legally obligatory (opinio juris). In cyberspace, many norms develop this way: states repeatedly act in similar ways and treat those actions as binding, even without a formal treaty. That makes it the best fit for law described as derived from practice and accepted as binding in cyberspace.

Formal treaties are written agreements that bind states once they consent to them. LOAC (Law of Armed Conflict) is a specific body of international humanitarian law governing conduct in war. ECPA is a U.S. domestic privacy statute.