Confronting Cyberespionage Under International Law

Confronting Cyberespionage Under International Law
Author: Oğuz Kaan Pehlivan
Publisher: Routledge
Total Pages: 0
Release: 2020-06-30
Genre:
ISBN: 9780367606824

This book examines how espionage and its applications have changed since World War II and how domestic, regional, and international legal mechanisms can provide an effective legal solution to this change affecting the economic well-being of individuals, companies, and states.

Confronting Cyberespionage Under International Law

Confronting Cyberespionage Under International Law
Author: Oğuz Kaan Pehlivan
Publisher: Routledge
Total Pages: 105
Release: 2018-09-03
Genre: Law
ISBN: 135110599X

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.

Cyber Espionage and International Law

Cyber Espionage and International Law
Author: Russell Buchan
Publisher: Bloomsbury Publishing
Total Pages: 249
Release: 2018-12-27
Genre: Law
ISBN: 1782257349

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.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Author: Michael N. Schmitt
Publisher: Cambridge University Press
Total Pages: 641
Release: 2017-02-02
Genre: Law
ISBN: 1316828646

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.

Cyber Operations and International Law

Cyber Operations and International Law
Author: François Delerue
Publisher: Cambridge University Press
Total Pages: 545
Release: 2020-03-19
Genre: Law
ISBN: 1108490271

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.

Public International Law of Cyberspace

Public International Law of Cyberspace
Author: Kriangsak Kittichaisaree
Publisher: Springer
Total Pages: 401
Release: 2017-02-28
Genre: Law
ISBN: 3319546570

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

State Sponsored Cyber Surveillance
Author: Eliza Watt
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2021-04-30
Genre: Law
ISBN: 1789900107

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-espionage in international law

Cyber-espionage in international law
Author: Thibault Moulin
Publisher: Manchester University Press
Total Pages: 183
Release: 2023-05-02
Genre: Law
ISBN: 1526168022

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.

Inside Cyber Warfare

Inside Cyber Warfare
Author: Jeffrey Carr
Publisher: "O'Reilly Media, Inc."
Total Pages: 236
Release: 2009-12-15
Genre: Computers
ISBN: 1449382991

What people are saying about Inside Cyber Warfare "The necessary handbook for the 21st century." --Lewis Shepherd, Chief Tech Officer and Senior Fellow, Microsoft Institute for Advanced Technology in Governments "A must-read for policy makers and leaders who need to understand the big-picture landscape of cyber war." --Jim Stogdill, CTO, Mission Services Accenture You may have heard about "cyber warfare" in the news, but do you really know what it is? This book provides fascinating and disturbing details on how nations, groups, and individuals throughout the world are using the Internet as an attack platform to gain military, political, and economic advantages over their adversaries. You'll learn how sophisticated hackers working on behalf of states or organized crime patiently play a high-stakes game that could target anyone, regardless of affiliation or nationality. Inside Cyber Warfare goes beyond the headlines of attention-grabbing DDoS attacks and takes a deep look inside multiple cyber-conflicts that occurred from 2002 through summer 2009. Learn how cyber attacks are waged in open conflicts, including recent hostilities between Russia and Georgia, and Israel and Palestine Discover why Twitter, Facebook, LiveJournal, Vkontakte, and other sites on the social web are mined by the intelligence services of many nations Read about China's commitment to penetrate the networks of its technologically superior adversaries as a matter of national survival Find out why many attacks originate from servers in the United States, and who's responsible Learn how hackers are "weaponizing" malware to attack vulnerabilities at the application level