The art of spying has a peculiar dual identity. 6įor such a widely-used tool though, espionage during peacetime faces no form of international regulation. Operated by countries across the economic development spectrum. Mentions of spies can be found in the Bible, 2Įspionage continued to persist and evolve, with now over a hundred global intelligence agencies responsible for related activities, 5 In fact, it is often referred to as the “world’s second oldest profession.” 1 An example then provided is the broad disallowance of private entities to engage in cyber espionage.Įspionage has existed for a long time. This Comment suggests that a possible solution, given the barriers prohibiting the development of wide-reaching regulations of cyber espionage, is to begin by incrementally carving out specific activities-starting with those that transcends states’ strategic calculus. This prompts a need for the international community to set clear guidelines for allowable espionage activities. Then by examining cyber technology’s transformative effects in this field, this Comment argues that this ambiguity is no longer sustainable, as espionage becomes more indistinguishable from low-level warfare, more efficient, more visible, and more involved in information wars. This Comment first surveys the longstanding scholarship regarding espionage’s legality, and proceeds to highlight the reasons why regulation continues to be absent. Espionage’s permissibility under international law remains largely unsettled no global regulation exists for this important state activity.
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