Mapping New Jerusalem: Space, National Identity and Power in British Espionage Fiction 1945-79.

This thesis argues that the espionage fiction of Graham Greene, Ian Fleming and John le Carré published between 1945 and 1979 illustrates a number of discontinuities, disjunctions and paradoxes related to space, sovereignty and national identity in post-war Britain. To this effect, the thesis has three broad aims. Firstly, to approach the representations of space and sovereign power in the work of these authors published during the period 1945-1979, examining the way in which sovereign power produces space, and then how that power is distributed and maintained. Secondly, to analyse the effect that sovereign power has on a variety of social and cultural environments represented within spy fiction and how the exercise of power affects the response of individuals within them. Thirdly, to establish how the intervention of sovereign power within environments relates to the creation, propagation and exclusion of national identities within each author’s work. By mapping the application of sovereign power throughout various environments, the thesis demonstrates that the control of environment is inextricably linked to the sovereign control of British subjects in espionage fiction. Moreover, the role of the spy in the application of sovereign power reveals a paradox integral to the espionage genre, namely that the maintenance of sovereign power exists only through the undermining of its core principles. Sovereignty, in these texts, is maintained only by weakening the sovereign control of other nations

Peeling Back the Onion of Cyber Espionage after Tallinn 2.0

Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this underlying mismatch

Writing About Espionage Secrets

This article describes the author’s experiences researching three books on espionage history in three different countries and on three different topics. The article describes the foreign intelligence arm of the Ministry for State Security; a global history of secret writing from ancient to modern times; and finally, my current project on U.S. intelligence and technology from the Cold War to the War on Terror. The article also discusses the tensions between national security and openness and reflects on the results of this research and its implications for history and for national security

What\u27s It Worth to Keep a Secret?

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is that intangible assets in general are notoriously difficult to value, and trade secrecy by its opaque nature is ill-suited to the market-signaling mechanisms that offer at least some traction in other forms of valuation. Another reason is that criminal trade secret law is relatively young, and the usual corrective approaches to valuation in civil trade secrecy are not synonymous with the greater distributive concerns of criminal law. To begin to fill this gap, we examine over a decade of trade secret protection and valuation under the U.S. Economic Espionage Act of 1996. From original data on EEA prosecutions, we show that trade secret valuations are lognormally distributed as predicted by Gibrat’s Law, with valuations typically low on the order of $5 million but reaching as high as$250 million. There is no notable difference among estimates from various valuation methods, but a difference between high and low estimates on one hand and the sentencing estimates on the other. These findings suggest that the EEA has not been used to its full capacity, a conclusion buttressed by recent Congressional actions to strengthen the EEA

What's it worth to keep a secret?

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is that intangible assets in general are notoriously difficult to value, and trade secrecy by its opaque nature is ill-suited to the market-signaling mechanisms that offer at least some traction in other forms of valuation. Another reason is that criminal trade secret law is relatively young, and the usual corrective approaches to valuation in civil trade secrecy are not synonymous with the greater distributive concerns of criminal law. To begin to fill this gap, we examine over a decade of trade secret protection and valuation under the U.S. Economic Espionage Act of 1996. From original data on EEA prosecutions, we show that trade secret valuations are lognormally distributed as predicted by Gibrat’s Law, with valuations typically low on the order of $5 million but reaching as high as$250 million. There is no notable difference among estimates from various valuation methods, but a difference between high and low estimates on one hand and the sentencing estimates on the other. These findings suggest that the EEA has not been used to its full capacity, a conclusion buttressed by recent Congressional actions to strengthen the EEA