This article, by Jessica Malekos Smith, examines the challenge of applying international law to cyber espionage in light of the anonymity and attribution problems that pervade cyberspace. Smith argues that economic espionage against one state threatens the economic stability of all, but questions whether international accords prohibiting the cyber-enabled theft of intellectual property have any real deterrent effect when perpetrators can remain anonymous or evade sanctions.
To address this, Smith proposes a legal framework she calls the Cyber Espionage Predominant Purpose Test, designed to resolve international disputes over cyber espionage operations that mix elements of national-security espionage and commercial espionage. The article situates this test as a dispute-resolution mechanism that accounts for differing cultural norms in distinguishing permissible from impermissible intelligence collection.