Using BITs to Protect Bytes: Promoting Cyber Peace by Safeguarding Trade Secrets through Bilateral Investment Treaties

65 Pages Posted: 14 Sep 2013 Last revised: 27 Jun 2014

See all articles by Scott Shackelford

Scott Shackelford

Indiana University - Kelley School of Business - Department of Business Law; Harvard Kennedy School Belfer Center for Science & International Affairs; Center for Applied Cybersecurity Research; Stanford Center for Internet and Society; Stanford Law School

Eric Richards

Indiana University Maurer School of Law; Indiana University - Kelley School of Business - Department of Business Law

Anjanette Raymond

Indiana University - Kelley School of Business - Department of Business Law; Queen Mary University of London, School of Law; Indiana University Maurer School of Law

Amanda Craig

Indiana University Maurer School of Law

Date Written: February 14, 2014

Abstract

Bilateral investment treaties (BITs) are an increasingly important component of international investment law. There are currently more than 2,000 BITs involving some 175 countries active around the world. These agreements cover a huge range of industry sectors and business activities. The United States and China are negotiating an expansive BIT that will reportedly include the difficult issue of enhancing cybersecurity. This Article investigates the utility of using BITs as a vehicle for enhancing global cybersecurity, either as an interim step or potentially even a replacement for multilateral initiatives. The argument is made that BITs are an invaluable way to enhance cybersecurity as one component of a polycentric response to cyber attacks, but that the drawbacks of BITs should be analyzed using the pending U.S.-China BIT as a case study.

Keywords: bilateral investment treaty, international trade, cyber attacks, cybersecurity, China

Suggested Citation

Shackelford, Scott J. and Richards, Eric and Raymond, Anjanette and Craig, Amanda, Using BITs to Protect Bytes: Promoting Cyber Peace by Safeguarding Trade Secrets through Bilateral Investment Treaties (February 14, 2014). American Business Law Journal, 2015. Available at SSRN: https://ssrn.com/abstract=2324619 or http://dx.doi.org/10.2139/ssrn.2324619

Scott J. Shackelford (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Harvard Kennedy School Belfer Center for Science & International Affairs ( email )

79 JFK Street
Cambridge, MA 02138
United States

Center for Applied Cybersecurity Research ( email )

Wylie Hall 105
100 South Woodlawn
Bloomington, IN 47405
United States

Stanford Center for Internet and Society ( email )

Palo Alto, CA
United States

Stanford Law School ( email )

Stanford, CA 94305
United States

Eric Richards

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Anjanette Raymond

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Amanda Craig

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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