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Extraterritorial jurisdiction over cyber espionage
Davide Giovannelli, 2022

Abstract: States’ practice shows that intelligence agencies have carried out not only espionage, but also other, less noble activities, such as hybrid warfare. Traditionally, international law tolerates espionage, while domestic criminal law generally allows its prosecution. However, this precarious equilibrium is changing due to the growth in cyber espionage, which allows espionage to be carried out more effectively. Not surprisingly, there is increasing interest in States’ practice, as new legal instruments for exercising extraterritorial jurisdiction over cyber espionage have been adopted. This article tries to assess whether these new legal instruments should be considered a new trend in international law, or a sporadic exercise of lawfare.
Found in: osebi
Keywords: cyber espionage, extraterritorial jurisdiction, lawfare, improper foreign influence, economic espionage
Published: 06.07.2022; Views: 2414; Downloads: 13
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