Surveying Cyber Espionage: A Growing Threat to Businesses, The Economy, and Our Privacy

Americans are quick to celebrate the release of new technology each year; and, while advancing technology is exciting, it also creates challenges for American businesses, the U.S. Economy, and Americans’ right to privacy. As more businesses rely on vulnerable technology, cyber espionage raises critical issues such as the exposure of trade secrets, privacy breaches, loss of revenue, and more. This Article first explores the history of cyber espionage, describing major cyberattacks on American businesses and their consequences. It then explains why the legal framework regulating cybercrimes is inadequate due to the increased sophistication of modern cyber spies and their ability to conceal their identities. This Article also advocates for steps the U.S. must take to mitigate future cyber espionage attacks, including updating international laws, encouraging cross-border cooperation, clarifying ambiguities in the current legal framework, and adopting comprehensive privacy laws.