involvement in hacking during the US elections is an example of this. Various conventional and
'hybrid' conflicts in the vicinity of Europe now have a significant digital component, including the
wars in Ukraine and Syria. Active and latent conflicts are also spilling over into cyberspace. The
Netherlands is systematically targeted by digital intelligence activities. Digital espionage attacks
are continually being directed at the Dutch government and Dutch businesses. It is probable that
such attacks against the Netherlands will increase in scope and severity at times of mounting
geopolitical tensions, particularly when such tensions affect the Netherlands.
Threat: The increasing use of cyber operations for political objectives threatens the international
legal order.
In cyberspace it is difficult to identify the perpetrators of international unlawful acts and to verify
compliance with existing rules; consequently, cyber operations pose a threat to the international
legal order. Cyber operations make it possible to create peremptory effects that remain below the
traditional legal thresholds established by the UN Charter and Article 5 of the North Atlantic Treaty.
In addition such operations often take place outside the public eye.
Threat: Cyberattacks on vital infrastructure carried out by international actors can pose a serious
threat to national security by manipulating, damaging or denying systems.
Various agencies and levels of government work together to swiftly identify and combat
cyberattacks on central government and vital infrastructure and to mitigate the repercussions of
such attacks. This requires the close involvement of private partners, which are often
interconnected with one another, both nationally and internationally. It is essential for all parties to
be aware and resilient.
Threat: Digital economic espionage by foreign intelligence services puts pressure on the
Netherlands’ competitiveness.
The past year saw a large number of digital attacks targeting companies in the Netherlands for
reasons of economic espionage. Economic espionage harms the Netherlands’ competitiveness. The
aim of these attacks was to obtain technology that may not yet have a proven market value. The
technologies and trade secrets stolen in attacks like these could be of great value to ensuring a
stable and growing economy that forms the basis for our prosperity. Two-thirds of the targeted
companies were unaware that the attacks had occurred.
2.3
International challenges
In addition to the threats discussed above, there are a number of other developments that need to
be taken into account. Although trends in the digital domain are difficult to predict, it is possible to
identify several relevant international challenges:
Not only is the volume of data increasing, both nationally and internationally, so too is
international interest in obtaining data. More and more, the work of both the public and private
sector is data driven and reliant on large files that are increasingly being stored in the cloud,
thus often outside of national borders.
The internet of things (‘everything is connected to the internet’) and hyperconnectivity
(‘everything and everyone is interconnected’) stimulate innovation and make technology more
user-friendly, but at the same time, these developments leave the door open to misuse on a
global scale.
The issue of jurisdiction makes it more difficult to investigate cybercrime and prosecute
cybercriminals and undermines public trust in the digital domain. The government also has law
enforcement responsibilities in cyberspace. However, it is difficult to reconcile the global nature
of cyberspace with the territorial boundaries of traditional national jurisdictions. Criminal
investigations are premised on territorial jurisdiction for law enforcement and use of
investigative methods. The fact that customary notions of jurisdiction are not fully applicable
to cyberspace can seriously impede investigations. Criminal are aware of this fact and take
advantage of it. The traditional system of international legal assistance cannot keep pace with
the methods used by criminals to avoid detection. As a result there is a danger that
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