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47 Geo. J. Int'l L. 833 (2015-2016)
The Big Bluff: Obama, Cyber Economic Espionage, and the Threat of WTO Litigation

handle is hein.journals/geojintl47 and id is 838 raw text is: THE BIG BLUFF: OBAMA, CYBER ECONOMIC ESPIONAGE, AND THE THREAT OF WTO LITIGATION JAMIE STRAWBRIDGE* ABSTRACT Cyber hacking conducted by foreign governments against private U.S. compa- nies 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 Organiza- tion (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. I. INTRODUCTION .................................... 834 II. PROCEDURAL ISSUES: WTO MEASURES AND THE SCOPE OF CHALLENGED CONDUCT ............................... 838 A. Option One: Challenging a Single, Past Cyber Attack ..... 839 B. Option Two: Alternative Constructions of the Measure At Issue ........................................ 841 1. Mounting an As Such Challenge ............. 841 2. Mounting a Modified As Applied Challenge .... 842 3. Challenging a WTO Member Practice .......... 844 III. TRIPS ARTICLE 2.1 & THE PARIS CONVENTION ............. 845 A. Introduction .................................. 845 B. Obligations Under Paris Convention Article lObis ........ 847 1. The Definition and Scope of Unfair Com petition............................... 848 2. Act of Competition & Contrary To Honest Practices.................................. 851 * Georgetown University Law Center, J.D. 2016. Jamie Strawbridge is the former managing editor of Inside US. Trade, a weekly publication covering U.S. international trade policy and politics. © 2016,Jamie Strawbridge.

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