Joint public attribution
Coordinated statement by several governments attributing the same cyber attack to a state on the same day: NotPetya on February 15, 2018, Microsoft Exchange on July 19, 2021.
On February 15, 2018, the United Kingdom and then the United States attributed NotPetya to the Russian military; Australia, Canada, New Zealand and Denmark followed within hours. On July 19, 2021, the US, the UK, the European Union, NATO, Japan, Australia, Canada and New Zealand jointly attributed the Microsoft Exchange campaign to China's Ministry of State Security. That is joint public attribution: several governments say on the same day, on the same facts, that a given state did it. The move is political. It signals that the technical evidence has been cross-checked by several services, and it often prepares sanctions, like those the European Union adopted on July 30, 2020 for WannaCry, NotPetya and Cloud Hopper. It also has a contractual effect that clause drafters saw coming. LMA 5564 to 5567 tie attribution first to what the government of the state where the affected system sits says. A joint statement, which nearly always includes the victim's country, settles the question for insured and insurer alike. It comes late, though, eight months after NotPetya, and until then the exclusion has to be applied on inference.
Constructed example: a Dutch manufacturer hit by ransomware in March files its claim. The insurer pays under reservation. In November, the Netherlands, with seven other governments, attributes the campaign to a foreign intelligence service. The policy carries LMA 5566: the insurer stops payments on the business interruption still open, and the claim moves into a dispute over what had already been paid.
joint attribution, collective attribution, coordinated attribution
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