Cyber Espionage and International Law - by Russell Buchan (Paperback)

Book Synopsis

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.

Review Quotes

[M]any legal scholars suggest that espionage is neither legal nor illegal under international law. Cyber Espionage and International Law is a strong and well-supported rebuttal of this interpretation... [E]ssential reading for anyone interested in understanding or tasked with interpreting the scope of the CSE's new powers in light of existing international law.
Canadian Yearbook of International Law

Buchan is not afraid to express his opinion on a number of issues throughout the monograph and the decisive, well supported and justified stance that he takes in relation to how international law rules apply to state cyber espionage is one of the unique features of this book... There is no doubt that the monograph is an important and sound contribution to the existing debate on these issues and will serve as a valuable tool to those who are new to this area of law together with the experts keen to explore the evolution of the legal regimes applicable to state cyber espionage activities.
Journal of Conflict and Security Law

Dr Russell Buchan's new book Cyber Espionage and International Law offers a timely and thorough examination of the application of existing public international law doctrines to the practice of peacetime interstate cyber intelligence operations. In doing so the book carefully walks readers through a complex wilderness of mirrors, a landscape populated by spies, saboteurs, hackers, and surveillance intermediaries. Grounding his work is a profound understanding of the foundational principles of international law, and Buchan does a superb job both introducing them to readers and making the case for their unique operation in addressing the contemporary challenges posed by new surveillance technologies. Since the dawn of the printing press there have only been a handful of books ever written on the law of nations as it applies to the second oldest profession. Buchan's work thus offers a valuable contribution to what is an emerging legal debate seeking to promote greater clarity around international rules on espionage.

About the Author

Russell Buchan is Senior Lecturer in law at the University of Sheffield.