While there is a need for a comprehensive cyber regime, there is a certain reluctance towards creating binding agreements; countries officially state that they want rules of the road, but in reality, fear a binding agreement that would force them to give up their advanced capabilities. Moreover, progress towards a binding regime is difficult. Participants in the US-China “Track II” talks say that the US and China cannot even agree on the definition of a cyberattack, much less agree on where and when the tools of cyberattack should be used. Former CIA Director Michael Hayden has argued that norms established through accepted practices, rather than binding treaties, are the best way to solve the problem. Regardless, the stakes are so high that even modest progress is reason to celebrate. One high-ranking Chinese military office noted that “We are moving toward what would build confidence and trust. The United States has big stones in its hands but also has a plate-glass window. China has big stones in its hands but also a plate-glass window. Perhaps because of this, there are things we can agree on.”
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