Cyberespionage 2010: Is the Current Status of Espionage Under International Law Applicable in Cyberspace?

In this thesis I will argue that the current status of espionage under international law is applicable in cyberspace. Therefore, there is no need to reinterpret espionage under international law in cyberspace. There is no need for new treaties to regulate or control espionage in cyberspace among nations. At the present time, espionage is legal under international law, or stated in another way, there are no international law prohibitions against espionage. Presently, there is a discussion about the applicability of various areas of the law in cyberspace. One school of thought says that new laws are needed to adapt an area of law into cyberspace. The other school of thought believes that there is no need for new laws - that current principles of laws can be analogized into cyberspace. The first school of thought is led by Professor Lawrence Lessig. The second school of thought is led by Judge Frank Easterbrook. I will argue that Judge Easterbrook's position should be followed in the area of espionage in cyberspace (hereinafter I will refer to this concept as cyberespionage"). Finally, I will examine the consequences of cyberespionage to the present framework of espionage and international law.