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Silence speaks
Author:

While espionage among nations is a long-standing practice, the emergence of the internet has challenged the traditional legal framework and has resulted in the intensification of intelligence activities. In fact, espionage was subject to indirect regulation, which applied where a spy was (often at their own risk) trespassing on foreign territory or sent behind enemy lines. With the emergence of cyber-espionage, however, agents may collect intelligence from within their own jurisdictions, with a great deal of secrecy and less risk. This monograph argues that – save for some exceptions – this activity has been subject to normative avoidance. It means that it is neither prohibited – as spying does not result in an internationally wrongful act – nor authorised, permitted or subject to a right – as States are free to prevent and fight foreign cyber-espionage activities. However, States are aware of such status of law, and are not interested in any further regulation. This situation did not emerge by happenstance but rather via the purposeful silence of States – leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it. To proceed, this monograph resorts to a first-class sample of State practice and analyses several rules and treaties: territorial sovereignty, collective security and international humanitarian law (i.e. the rules applicable between belligerent and neutral Powers, as well as between belligerents themselves), the law of diplomatic relations, human rights law, international law and European economic law. It also demonstrates that no specific customary law has emerged in the field.

Author:

This book considers in detail the culture and language of plots, conspiracies and intrigues and exposes how the intelligence activities of the Three Kingdoms of the 1640s began to be situated within early modern government from the Civil Wars to the rule of Oliver Cromwell in the 1650s. It also introduces the reader to some of the personalities who were caught up in this contemporary intelligence and espionage world from the intelligencers, especially Thomas Scot and John Thurloe, to the men and women who became its secret agents and spies. The book includes accounts of espionage activities not just in England but also in Ireland and Scotland, and it especially investigates intelligence and espionage during the critical periods of the British Civil Wars and the important developments which took place under the English Republic and Oliver Cromwell in the 1650s.

Tom Stoppard’s The Dog It Was That Died
Jonathan Bolton

the theatrical potential of the Cambridge spies, and for the most part they sympathized with the plight of the traitors and sought to convey an understanding of the personal and historical circumstances behind their motives for committing treason. Tom Stoppard, however, was more interested in the curious protocols of Cold War espionage itself and the intelligence agencies that plan and oversee these covert operations. His radio play, The Dog It Was That Died (1982), later made into a television film for Channel Four in 1989, was the first of his works to be

in The Blunt Affair
Thibault Moulin

intelligence gathering is full of mystery, it is usually not the same for decision-makers. They are (or perhaps they should be) aware that they may be subject to foreign espionage activities. The head of the National Security Agency (NSA), General Keith Alexander, decided to answer with humour: ‘[t]he great irony is [that] we’re the only ones not spying on the American people

in Cyber-espionage in international law
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Spies, conspiracies and the secret state in British television drama
Author:

This book explores the history of the spy and conspiracy genres on British television, from 1960s Cold War series through 1980s conspiracy dramas to contemporary 'war on terror' thrillers. It analyses classic dramas including Tinker Tailor Soldier Spy, Edge of Darkness, A Very British Coup and Spooks. The analysis is framed by the notion that the on-screen depiction of intelligence services in such programmes can be interpreted as providing metaphors for broadcasting institutions. Initially, the book is primarily focused on espionage-themed programmes produced by regional franchise-holders for ITV in late 1960s and 1970s. Subsequently, it considers spy series to explore how many standard generic conventions were innovated and popularised. The relatively economical productions such as Bird of Prey demonstrated a more sophisticated treatment of genre conventions, articulated through narratives showing the collapse of standard procedure. Channel 4 was Britain's third and final broadcaster to be enshrined with a public service remit. As the most iconic version of the television spy drama in the 1960s, the ITC adventure series, along with ABC's The Avengers, fully embraced the formulaic and Fordist tendencies of episodic series in the US network era. However, Callan, a more modestly resourced series aimed more towards a domestic audience, incorporated elements of deeper psychological drama, class tension and influence from the existential spy thrillers. The book is an invaluable resource for television scholars interested in a new perspective on the history of television drama and intelligence scholars seeking an analysis of the popular representation of espionage.

Abstract only
Thibault Moulin

In 1962, Julius Stone described ‘the situation of espionage’ as ‘some situations that occasionally arise between friends and even between husband and wife, when one of them does the sort of thing about which it isn't really any use for them to talk’. 1427 This finding is actually valid for cyber-espionage, in particular regarding the interest of States in the regulation

in Cyber-espionage in international law
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Alan Marshall

was that at the centre of his coming rule Charles II should now place secret and state intelligence matters for, as Newcastle pronounced: in the ‘greateste secrets of state Intelegence is the life of a state’. 1 The death of John Thurloe in February 1668 presents us with a final glimpse of the role and the purpose of secret intelligence gathering and espionage matters as they had stood under the English Republic and Cromwellian Protectorate; an age had ended, but by that stage the Restoration regime, now replete

in Intelligence and espionage in the English Republic c. 1600–60
Thibault Moulin

, following the withdrawal of mines from Albanian waters by the British Navy, 335 the abduction of Eichmann in Argentina by the Mossad, 336 the digging of a canal and the sending of military personnel in Costa Rica by Nicaragua 337 and the (accidental) intrusion of a Soviet satellite into Canadian airspace. 338 Forms of espionage involving the presence of an officer

in Cyber-espionage in international law
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Alan Marshall

We do know that there was a long history behind the methods of espionage that were to be eventually used by the governments of the 1650s, for espionage methods and ideas themselves had already become part of actions that were normally undertaken, to varying degrees and with varying success, in order to protect individuals and the realm from the actions of foreign powers or from domestic violence or from internal disruption. Additionally, they had also played a significant part in the uncovering of, or in

in Intelligence and espionage in the English Republic c. 1600–60
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Thibault Moulin

When the opinio juris is analysed, there is no right to spy ( 11.1 ), nor a prohibition on doing so ( 11.2 ). 11.1 The absence of a right to spy States do not claim a ‘right’ to spy, even though they (sometimes) acknowledge that espionage activities are carried out. Yet

in Cyber-espionage in international law