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Intervention in National and Private Cyberspace and International Law

Abstract: 
"The NSA affair has raised the issue of surveillance in cyberspace on the international agenda. The first media reports in June 2013 concerned data collection by the US National Security Agency of domestic and international telephone calls as well as of Internet traffic, but subsequent reports have revealed that the NSA has also been involved in ‘hacking” into government computers of foreign states. Even though this has sparked a bit of a debate between international lawyers as to the lawfulness of these activities, until now, international legal doctrine has not had very much to say on these matters. This essay will here argue that an intrusion by a state in foreign national cyberspace may be prohibited even if it does not amount to the use of force, both as a violation of sovereignty and as a violation of human rights. That conclusion is arrived from the point of view of a generalist through the application of existing international law."
Author: 
Pal Wrange
Institution: 
Stockholm University
Year: 
2014
Region(s): 
Industry Focus: 
Internet & Cyberspace
Country: 
United States
Datatype(s): 
Case Studies
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