An Article in the Series: State Ethics: Controlling the Behavior of Governments and their Partners
Concluding that the law enforcement model for preventing cyberespionage is ineffective, this article proposes a modified strategy that expands the process of responding to online economic espionage by allowing retaliation by a victim after it had analyzed the attack and determined with the necessary level of confidence that it came from a particular nation-state and, if possible, that it originated from a particular source. If the victim could, at a minimum, determine the location from which the attack originated, offensive economic espionage would allow it to launch a responsive act of economic espionage against an appropriate entity in the host state.
Susan Brenner, Offensive Economic Espionage?, 54 Harv. Int'l L.J. Online 92 (2013), http://www.harvardilj.org/2013/01/online_54_brenner-2/.
