Espionage
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Cyber Espionage and International Law
Author: Russell Buchan
language: en
Publisher: Bloomsbury Publishing
Release Date: 2018-12-27
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.
Changes in Espionage by Americans: 1947-2007
Since 1990 offenders are more likely to be naturalized citizens, and to have foreign connections. Their espionage is more likely to be motivated by divided loyalties. Twice as many American espionage offenders since 1990 have been civilians than members of the military, fewer held Top Secret while more held Secret clearances, and 37% had no security clearance. Two thirds of Amer. spies since 1990 have volunteered. Since 1990, 80% of spies received no payment for espionage, and since 2000 it appears no one was paid. Six of the 11 most recent cases have involved terrorists, either as recipients of info., by persons working with accused terrorists at Guantanamo Bay, or in protest against treatment of detainees there. Illustrations.
Industrial Espionage and Trade Secrets
This retrospective bibliography is a powerful tool with which researchers and practitioners in appropriate fields are able to study the problems of industrial espionage/trade secrets. Despite legal means to protect trade secrets, it is apparent that industrial espionage in the acquisition of trade the sequence is chronological by month and day.
