The Cyber Espionage Predominant Purpose Test

Malekos Smith, Jessica. "The Cyber Espionage Predominant Purpose Test." Small Wars Journal (October 20, 2016).

3 Pages Posted: 4 Nov 2016

See all articles by Jessica Zhanna Malekos Smith

Jessica Zhanna Malekos Smith

Duke Law School; Kings College London, Department of War Studies, Students

Date Written: October 27, 2016

Abstract

While ‘spying’ may strike some as indecorous state behavior, it is essentially akin to a bodily function, like sneezing, that is necessary to sustaining the health of the body politic.

But can international law meaningfully distinguish between cyberespionage for national security purposes and economic espionage? According to former U.S. Treasury Secretary, Henry M. Paulson, Jr. in Dealing with China, “the distinction between cyberespionage and cybertheft from a company for commercial use can become fuzzy.” This article proposes a new approach – a Cyber Espionage Predominant Purpose (CEPP) Test – to resolve international disputes concerning cyberespionage operations that involve mixed elements of national security espionage and commercial espionage.

Keywords: economic espionage, national security, intelligence, law, cyberspace, cyber espionage, international relations

Suggested Citation

Malekos Smith, Jessica Zhanna, The Cyber Espionage Predominant Purpose Test (October 27, 2016). Malekos Smith, Jessica. "The Cyber Espionage Predominant Purpose Test." Small Wars Journal (October 20, 2016).. Available at SSRN: https://ssrn.com/abstract=2860463

Jessica Zhanna Malekos Smith (Contact Author)

Duke Law School ( email )

210 Science Drive
Durham, NC 27708-0204
United States

Kings College London, Department of War Studies, Students ( email )

King's College London, Strand
London, WC2R 2LS
United Kingdom

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