Scenario 09: Economic cyber espionage
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=== Facts === '''[F1]''' State A learns that several hi-tech companies incorporated and having headquarters in its territory are subject to an advanced persistent threat (APT) operation by unknown actors. The goal of the APT operation is to obtain trade secrets and other intellectual property from the companies’ computers and networks. In the course of the operation, the unknown actors exfiltrated hundreds of terabytes of technical data about the companies’ products and services, emails of the companies’ employees, internal memos, and other documents. After a meticulous investigation that lasts for over a year, State A determines that the operation was conducted by a military unit subordinated to State B’s Armed Forces' General Staff; and that, additionally, one diplomat at State B’s embassy accredited to State A and physically located in State A also took part in the operation under authorization of State B. '''[F2]''' State A decides to declare several diplomats of State B in State A as <i>personae non gratae</i>. As stated, one of them was allegedly directly involved in the cyber espionage operation, while others are merely suspected of other activities against the interests of State A that are unrelated to the APT operation. An insider in one of the victim companies, who is a State B national and who was found to be working for State B’s APT operation, is indicted and taken into custody. State A also indicts several members of State B’s military unit who were reportedly involved in it. State B denies all of State A's allegations and, in turn, declares the same number of State A diplomats in State B as <i>personae non gratae</i>. '''[F3]''' Both State A and State B are parties to the Vienna Convention on Diplomatic Relations (VCDR).<ref>[http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf Vienna Convention on Diplomatic Relations] (adopted 18 April 1961, entered into force 24 April 1964), 500 UNTS 95.</ref>
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