Cyber Espionage And International Law
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Cyber Espionage And International Law
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Author : Russell Buchan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-12-27
Cyber Espionage And International Law written by Russell Buchan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-27 with Law categories.
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.
Cyber Espionage In International Law
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Author : Thibault Moulin
language : en
Publisher: Manchester University Press
Release Date : 2023-05-02
Cyber Espionage In International Law written by Thibault Moulin and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-02 with Law categories.
While espionage between states is a practice dating back centuries, the emergence of the internet revolutionised the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them. This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorised or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it. Drawing on detailed analysis of state practice and examples from sovereignty, diplomacy, human rights and economic law, this book offers a comprehensive overview of the current legal status of cyber-espionage, as well as future directions for research and policy. It is an essential resource for scholars and practitioners in international law, as well as anyone interested in the future of cyber-security.
Research Handbook On International Law And Cyberspace
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Author : Nicholas Tsagourias
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-06-29
Research Handbook On International Law And Cyberspace written by Nicholas Tsagourias and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-29 with Law categories.
This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la
Confronting Cyberespionage Under International Law
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Author : Oğuz Kaan Pehlivan
language : en
Publisher: Routledge
Release Date : 2018-09-03
Confronting Cyberespionage Under International Law written by Oğuz Kaan Pehlivan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.
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.
Public International Law Of Cyberspace
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Author : Kriangsak Kittichaisaree
language : en
Publisher: Springer
Release Date : 2017-02-28
Public International Law Of Cyberspace written by Kriangsak Kittichaisaree and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-28 with Law categories.
This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
State Sponsored Cyber Surveillance
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Author : Eliza Watt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
State Sponsored Cyber Surveillance written by Eliza Watt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.
Cyber War
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Author : Jens David Ohlin
language : en
Publisher: OUP Oxford
Release Date : 2015-03-19
Cyber War written by Jens David Ohlin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-19 with Law categories.
Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyses the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.
Cyber Operations And International Law
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Author : François Delerue
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-19
Cyber Operations And International Law written by François Delerue and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Law categories.
This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.
Cyberespionage 2010
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Author : Jorge H. Romero
language : en
Publisher:
Release Date : 2001-08
Cyberespionage 2010 written by Jorge H. Romero and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08 with Computer crimes categories.
In this thesis I will argue that the current status of espionage under international law is applicable in cyberspace. Therefore, there is no need to reinterpret espionage under international law in cyberspace. There is no need for new treaties to regulate or control espionage in cyberspace among nations. At the present time, espionage is legal under international law, or stated in another way, there are no international law prohibitions against espionage. Presently, there is a discussion about the applicability of various areas of the law in cyberspace. One school of thought says that new laws are needed to adapt an area of law into cyberspace. The other school of thought believes that there is no need for new laws - that current principles of laws can be analogized into cyberspace. The first school of thought is led by Professor Lawrence Lessig. The second school of thought is led by Judge Frank Easterbrook. I will argue that Judge Easterbrook's position should be followed in the area of espionage in cyberspace (hereinafter I will refer to this concept as cyberespionage"). Finally, I will examine the consequences of cyberespionage to the present framework of espionage and international law.
Cyber Attacks And The Exploitable Imperfections Of International Law
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Author : Yaroslav Radziwill
language : en
Publisher: BRILL
Release Date : 2015-07-24
Cyber Attacks And The Exploitable Imperfections Of International Law written by Yaroslav Radziwill and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-24 with Law categories.
Cyber-Attacks and the Exploitable Imperfections of International Law reveals elements of existing jus ad bellum and jus in bello regimes that are unable to accommodate the threats posed by cyber-attacks. It maps out legal gaps, deficiencies, and uncertainties, which international actors may seek to exploit to their political benefit.