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Author: Oğuz Kaan Pehlivan
Publisher: Routledge
ISBN: 135110599X
Category : Law
Languages : en
Pages : 130
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Book Description
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.
Author: Oğuz Kaan Pehlivan
Publisher: Routledge
ISBN: 135110599X
Category : Law
Languages : en
Pages : 130
Get Book
Book Description
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.
Author: Russell Buchan
Publisher: Bloomsbury Publishing
ISBN: 1782257365
Category : Law
Languages : en
Pages : 247
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Book Description
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.
Author: Kriangsak Kittichaisaree
Publisher: Springer
ISBN: 3319546570
Category : Law
Languages : en
Pages : 376
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Book Description
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.
Author: Thibault Moulin
Publisher: Manchester University Press
ISBN: 1526168022
Category : Law
Languages : en
Pages : 183
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Book Description
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.
Author: François Delerue
Publisher: Cambridge University Press
ISBN: 1108490271
Category : Law
Languages : en
Pages : 545
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Book Description
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.
Author: Jorge H. Romero
Publisher:
ISBN: 9781423550686
Category : Computer crimes
Languages : en
Pages : 65
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Book Description
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.
Author: Yaroslav Radziwill
Publisher: BRILL
ISBN: 9004298304
Category : Law
Languages : en
Pages : 429
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Book Description
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.
Author: Nicholas Tsagourias
Publisher: Edward Elgar Publishing
ISBN: 9781789904246
Category :
Languages : en
Pages : 688
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Book Description
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. More specifically, contributors explore the application of general concepts and principles to cyberspace such as those of sovereignty, power, norms, non-intervention, jurisdiction, State responsibility, human rights, individual criminal responsibility and international investment law and arbitration. Contributors also examine how international law applies to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war as well as the meaning of cyber operations, cyber deterrence and the ethics of cyber operations. In addition, contributors consider how international and regional institutions such as the United Nations, the European Union, NATO and Asia-Pacific institutions and States such as China and Russia approach cyber security and regulation. This Research Handbook is an essential resource for scholars of international law, international relations and public and private law as well as for legal practitioners and policymakers.
Author: Georg Kerschischnig
Publisher:
ISBN: 9789490947644
Category : Cyberspace
Languages : en
Pages : 0
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Book Description
This book revolves around the public international law aspects of the destructive use of cyberspace by state actors and non-state actors, encompassing cyberwar, cyberterrorism, and hacktivism, but excluding cybercrime. For the purpose of delimitation, the book also addresses cyberespionage and political activism in cyberspace. Starting with an overview of the technical background, the book explains the vulnerabilities of critical infrastructure. Then, it outlines notable cyberincidents that have occurred so far and analyzes pertinent state practices and policies. Turning to the legal analysis, the book primarily focuses on the contemporary jus ad bellum and jus in bello, exploring whether concepts like the use of force or self-defense are applicable to cyberattacks, despite their lack of physicality; or whether state responsibility and the principles of international humanitarian law are applicable to cyberspace, in particular in the light of an evident civilianization of battlespace in this area. Furthermore, the book encompasses destructive cyberterrorism and puts this into context with human rights aspects of political activism in cyberspace. The book also looks into jurisdictional pitfalls borne in cyberspace. After a brief summary of the research results, the final chapter is dedicated to providing recommendations to the international community, in order to address cyberthreats in a political process.
Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641
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Book Description
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.
