Interpretive Dilemmas of Cyber Espionage in the Context of Cyber Operations

The Technical and Legal Interpretation of Cyber Espionage within the Framework of Cyber Operations, Part 2

Abstract

The study examines the dilemmas of the legal and strategic interpretation of cyber espionage in close connection with the findings of the first part, which revealed conceptual dilemmas through the interpretation of the available set of definitions. The second part of the study approaches the topic through the technical and legal characteristics of cyber espionage, emphasizing that although the activity does not typically cause direct physical damage, it creates systemic risks through breaches of confidentiality, integrity, and availability. The study uses qualitative methodology to analyze the difficulties of classifying cyber espionage under international law. The analysis points out that cyber espionage remains below the classic threshold of force, but that unauthorized intrusion into a system and sustained presence can in themselves constitute a violation of sovereignty and continuous interference.