Waging warfare against states: the deployment of artificial intelligence in cyber espionage

Cyber espionage has significantly been viewed as a risk towards nation-states, especially in the area of security and protection of Critical National Infrastructures. The race against digitisation has also raised concerns about how emerging technologies are defining how cyber activities are linked to waging warfare between States. Real-world crimes have since found a place in cyberspace, and with high connectivity, has exposed various actors to various risks and vulnerabilities, including cyber espionage. Cyber espionage has always been a national security issue as it does not only target States but also affects public–private networks, corporations and individuals. The challenge of crimes committed within the cyber realm is how the nature of cybercrimes distorts the dichotomy of state responsibility in responding to cyber threats and vulnerabilities. Furthermore, the veil of anonymity and emerging technologies such as artificial intelligence have further provided opportunities for a larger scale impact on the state for such crime. The imminent threat of cyber espionage is impacting the economic and political interactions between nation-states and changing the nature of modern conflict. Due to these implications, this paper will discuss the current legal landscape governing cyber espionage and the impact of the use of artificial intelligence in the commission of such crimes.