Cyber Espionage and International Law

Cyber Espionage and International Law PDF

Author: Russell Buchan

Publisher: Bloomsbury Publishing

Published: 2018-12-27

Total Pages: 247

ISBN-13: 1782257365

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The advent of cyberspace has led to a dramatic increase in state-sponsored political and economic espionage. This monograph argues that these practices represent a threat to the maintenance of international peace and security and assesses the extent to which international law regulates this conduct. The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international law. This monograph challenges that assumption and reveals that there are general principles of international law as well as specialised international legal regimes that indirectly regulate cyber espionage. In terms of general principles of international law, this monograph explores how the rules of territorial sovereignty, non-intervention and the non-use of force apply to cyber espionage. In relation to specialised regimes, this monograph investigates the role of diplomatic and consular law, international human rights law and the law of the World Trade Organization in addressing cyber espionage. This monograph also examines whether developments in customary international law have carved out espionage exceptions to those international legal rules that otherwise prohibit cyber espionage as well as considering whether the doctrines of self-defence and necessity can be invoked to justify cyber espionage. Notwithstanding the applicability of international law, this monograph concludes that policymakers should nevertheless devise an international law of espionage which, as lex specialis, contains rules that are specifically designed to confront the growing threat posed by cyber espionage.

Cyberspace and International Relations

Cyberspace and International Relations PDF

Author: Jan-Frederik Kremer

Publisher: Springer Science & Business Media

Published: 2013-11-08

Total Pages: 302

ISBN-13: 3642374816

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Cyberspace is everywhere in today’s world and has significant implications not only for global economic activity, but also for international politics and transnational social relations. This compilation addresses for the first time the “cyberization” of international relations - the growing dependence of actors in IR on the infrastructure and instruments of the internet, and the penetration of cyberspace into all fields of their activities. The volume approaches this topical issue in a comprehensive and interdisciplinary fashion, bringing together scholars from disciplines such as IR, security studies, ICT studies and philosophy as well as experts from everyday cyber-practice. In the first part, concepts and theories are presented to shed light on the relationship between cyberspace and international relations, discussing implications for the discipline and presenting fresh and innovative theoretical approaches. Contributions in the second part focus on specific empirical fields of activity (security, economy, diplomacy, cultural activity, transnational communication, critical infrastructure, cyber espionage, social media, and more) and address emerging challenges and prospects for international politics and relations.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations PDF

Author: Michael N. Schmitt

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 641

ISBN-13: 1316828646

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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Research Handbook on International Law and Cyberspace

Research Handbook on International Law and Cyberspace PDF

Author: Tsagourias, Nicholas

Publisher: Edward Elgar Publishing

Published: 2021-12-14

Total Pages: 672

ISBN-13: 1789904250

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This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.

Conflict in Cyber Space

Conflict in Cyber Space PDF

Author: Karsten Friis

Publisher: Routledge

Published: 2016-03-31

Total Pages: 204

ISBN-13: 1317365429

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Adopting a multidisciplinary perspective, this book explores the key challenges associated with the proliferation of cyber capabilities. Over the past two decades, a new man-made domain of conflict has materialized. Alongside armed conflict in the domains of land, sea, air, and space, hostilities between different types of political actors are now taking place in cyberspace. This volume addresses the challenges posed by cyberspace hostility from theoretical, political, strategic and legal perspectives. In doing so, and in contrast to current literature, cyber-security is analysed through a multidimensional lens, as opposed to being treated solely as a military or criminal issues, for example. The individual chapters map out the different scholarly and political positions associated with various key aspects of cyber conflict and seek to answer the following questions: do existing theories provide sufficient answers to the current challenges posed by conflict in cyberspace, and, if not, could alternative approaches be developed?; how do states and non-state actors make use of cyber-weapons when pursuing strategic and political aims?; and, how does the advent of conflict in cyberspace challenge our established legal framework? By asking important strategic questions on the theoretical, strategic, ethical and legal implications and challenges of the proliferation of cyber warfare capabilities, the book seeks to stimulate research into an area that has hitherto been neglected. This book will be of much interest to students of cyber-conflict and cyber-warfare, war and conflict studies, international relations, and security studies.

The Normative Order of the Internet

The Normative Order of the Internet PDF

Author: Matthias C. Kettemann

Publisher: Oxford University Press

Published: 2020

Total Pages: 385

ISBN-13: 0198865996

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There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

NL ARMS Netherlands Annual Review of Military Studies 2020

NL ARMS Netherlands Annual Review of Military Studies 2020 PDF

Author: Frans Osinga

Publisher: Springer Nature

Published: 2020-12-03

Total Pages: 538

ISBN-13: 9462654190

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This open access volume surveys the state of the field to examine whether a fifth wave of deterrence theory is emerging. Bringing together insights from world-leading experts from three continents, the volume identifies the most pressing strategic challenges, frames theoretical concepts, and describes new strategies. The use and utility of deterrence in today’s strategic environment is a topic of paramount concern to scholars, strategists and policymakers. Ours is a period of considerable strategic turbulence, which in recent years has featured a renewed emphasis on nuclear weapons used in defence postures across different theatres; a dramatic growth in the scale of military cyber capabilities and the frequency with which these are used; and rapid technological progress including the proliferation of long-range strike and unmanned systems. These military-strategic developments occur in a polarized international system, where cooperation between leading powers on arms control regimes is breaking down, states widely make use of hybrid conflict strategies, and the number of internationalized intrastate proxy conflicts has quintupled over the past two decades. Contemporary conflict actors exploit a wider gamut of coercive instruments, which they apply across a wider range of domains. The prevalence of multi-domain coercion across but also beyond traditional dimensions of armed conflict raises an important question: what does effective deterrence look like in the 21st century? Answering that question requires a re-appraisal of key theoretical concepts and dominant strategies of Western and non-Western actors in order to assess how they hold up in today’s world. Air Commodore Professor Dr. Frans Osinga is the Chair of the War Studies Department of the Netherlands Defence Academy and the Special Chair in War Studies at the University Leiden. Dr. Tim Sweijs is the Director of Research at The Hague Centre for Strategic Studies and a Research Fellow at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda.

Confronting Cyberespionage Under International Law

Confronting Cyberespionage Under International Law PDF

Author: Oğuz Kaan Pehlivan

Publisher: Routledge

Published: 2018-09-03

Total Pages: 130

ISBN-13: 135110599X

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We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.