![]() ![]() ![]() Persons caught and accused of being spies can be punished, but international law contains protections for spies captured during armed conflict or covered by diplomatic immunity. Thus, participation in, and tolerance of, spying indicates that espionage and economic espionage do not constitute wrongful acts triggering state responsibility under international law. ![]() Other bodies of international law under which espionage issues arise, such as rules on armed conflict and on diplomatic relations in peacetime, do not prohibit or seriously constrain espionage or economic espionage. Although cyber espionage is sometimes described as "cyber attacks" and "cyberwar," no government regards cyber espionage of any kind as a prohibited use of force. Although a victim country could assert that spying violates the principles of sovereignty and non-intervention, state practice has accepted state-sponsored espionage such that these appeals are not serious claims. The desire to combat economic cyber espionage confronts a lack of international law on espionage and economic espionage. International Law, Espionage, and Economic Espionage International Law and Economic Cyber Espionage On February 19, 2013, Mandiant, a cybersecurity company, released a report in which it claimed to have evidence linking Unit 61398 of the People's Liberation Army in Shanghai to a global cyber espionage campaign against nearly 150 companies from 20 economic sectors "designed to steal large volumes of valuable intellectual property." Mandiant's report garnered widespread press coverage, prompted angry responses from China, and catalyzed the Obama administration's release of a new strategy to combat theft of U.S. cyber-espionage campaign that is threatening the countryâs economic competitiveness,â with China identified âas the country most aggressively seeking to penetrate the computer systems of American businesses and institutions to gain access to data that could be used for economic gain.â On February 10, 2013, a National Intelligence Estimate âconcluded that the United States is the target of a. In late January 2013, the New York Times reported it had been hacked from China, and allegations followed that other newspapers had similarly been hacked. The ONCIX admitted that "the has not been able to attribute many of these private sector data breaches to a state sponsor." However, attributing cyber intrusions to the Chinese government has proved difficult. economic secrets accomplished through cyber means. In October 2011, the Office of the National Counterintelligence Executive (ONCIX) labeled China a "persistent collector" of U.S. officials and cybersecurity experts have accused China of engaging in economic cyber espionage. leaders arguing that it was contributing to the "greatest transfer of wealth in history." However, economic cyber espionage continued to metastasize, with U.S. cybersecurity policy included economic espionage as a problem. As societies became dependent on cyber technologies, experts identified economic cyber espionage as a growing threat. The United States adopted the Economic Espionage Act (EEA) in 1996, before the Internet became a global means of communication. States engaged in economic espionage prior to the use of cyber technologies. Many countries have long considered economic espionage important to national security and economic development. ![]() âCorporate espionage" or "industrial espionage" describes a company's illegal acquisition of another company's trade secrets with no government involvement. Economic espionage involves a state's attempts to acquire covertly trade secrets held by foreign private enterprises. Traditional espionage encompasses a government's efforts to acquire clandestinely classified or otherwise protected information from a foreign government. This Insight examines the international legal issues this controversy about economic cyber espionage raises.Įspionage comes in different forms. After the report's release, the Obama administration issued a new strategy to counter theft of trade secrets from U.S. concerns about Chinese economic cyber espionage. The Chinese government rejected the allegations, but the report resonated with U.S. cybersecurity company released a report alleging that the Chinese military was using cyber technologies to obtain trade secrets from foreign companies. In late February 2013, a controversy erupted after a U.S. ![]()
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