Cyber hacking conducted by foreign governments against private U.S. companies costs the U.S. economy billions of dollars each year and threatens U.S. national security. Although the Obama administration and members of the U.S. Congress argue this cyber economic espionage violates World Trade Organization (WTO) rules, no detailed academic study exists to validate or disprove that assertion. This Note provides a much-needed initial analysis by scrutinizing several possible bases for claiming that cyber economic espionage violates WTO rules. It also highlights potential challenges that would face the U.S. government (or any WTO Member) were it to pursue such a claim in court. While concluding that cyber economic espionage likely does not violate WTO rules, this Note highlights the strategic benefits of threatening legal action - especially when paired with other measures designed to discourage hacking.
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