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<p>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.</p>
</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.

Extraterritorial Jurisdiction Over Cyber Espionage: A New Trend in International Law Or Just an Example of Lawfare

CONTEMPORARY MILITARY CHALLENGES

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

States’ practice shows that intelligence agencies have carried out not only espionage, but also other, less noble activities, such as hybrid warfare....

Extraterritorial Jurisdiction Over Cyber Espionage: A New Trend in International Law Or Just an Example of Lawfare

Published Online: Feb 15, 2023

Page range: 49 - 70

DOI: https://doi.org/10.33179/bsv.99.svi.11.cmc.24.2.3

Keywords
Extraterritorial jurisdiction, cyber espionage, lawfare, improper foreign influence, economic espionage

© 2022 Davide Giovannelli, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Extraterritorial Jurisdiction Over Cyber Espionage: A New Trend in International Law Or Just an Example of Lawfare

Published Online: Feb 15, 2023

Page range: 49 - 70

DOI: https://doi.org/10.33179/bsv.99.svi.11.cmc.24.2.3

KeywordsExtraterritorial jurisdiction, cyber espionage, lawfare, improper foreign influence, economic espionage

© 2022 Davide Giovannelli, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
Extraterritorial jurisdiction, cyber espionage, lawfare, improper foreign influence, economic espionage