While espionage among nations is a long-standing practice, the
emergence of the Internet has challenged the traditional legal
framework and has resulted in the intensification of intelligence
activities. With the emergence of cyber-espionage, agents may
collect intelligence from within their own jurisdictions, with a
great deal of secrecy and less risk. This book argues that - save
some exceptions - this activity has been subject to normative
avoidance, meaning that it is neither prohibited, nor authorized or
permitted. States are aware of such status of law, and are not
interested in any further regulation, leaving them free to pursue
cyber-espionage themselves at the same time as they adopt measures
to prevent and falling victim to it. This book resorts to a
first-class sample of state practice and analyses several rules and
treaties, and demonstrates that no specific customary law has
emerged in the field. -- .
General
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