Rule Of Law In Cyberspace And The Way To Cybersecurity Based On Human Rights
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| Author | : Caroline Brunhild Wähner |
| Publisher | : GRIN Verlag |
| Total Pages | : 8 |
| Release | : 2020-09-16 |
| Genre | : Law |
| ISBN | : 334624718X |
Essay from the year 2014 in the subject Law - IT law, grade: 1,0, , course: Public Privacy: Cyber security and Human Rights, language: English, abstract: The academic essay focuses on the connection between cybersecurity and human rights. It examines the interaction between the growing cybersecurity regime and international human rights norms, standards, and mechanisms within legal and political framework.
| Author | : Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig |
| Publisher | : Createspace Independent Publishing Platform |
| Total Pages | : 378 |
| Release | : 2016-08-31 |
| Genre | : |
| ISBN | : 9781537290904 |
There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
| Author | : Anja Mihr |
| Publisher | : Springer |
| Total Pages | : 89 |
| Release | : 2017-07-30 |
| Genre | : Political Science |
| ISBN | : 3319600931 |
This book introduces Cyber Justice as a viable approach for promoting good governance based on human rights norms in the internet. The author defines cyberspace as a borderless public space without common rules or government control mechanisms that protect and foster people’s activities within that space. In light of the growing scope of communications and interactions in the internet, the author shows how human rights and governance regimes can be adapted to cyberspace in order to ensure more accountability, transparency and interaction among those who use the internet and those who manage and provide internet services. This book will be of interest for scholars and policymakers interested in establishing governance regimes for cyberspace that will enjoy the support and trust of all users.
| Author | : Nicholas Tsagourias |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 547 |
| Release | : 2015-06-29 |
| Genre | : Law |
| ISBN | : 1782547398 |
This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la
| Author | : Joanna Kulesza |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 250 |
| Release | : 2015-12-17 |
| Genre | : Computers |
| ISBN | : 1442260424 |
Cybersecurity and Human Rights in the Age of Cyberveillance isa collection of articles by distinguished authors from the US and Europe and presents a contemporary perspectives on the limits online of human rights. By considering the latest political events and case law, including the NSA PRISM surveillance program controversy, the planned EU data protection amendments, and the latest European Court of Human Rights jurisprudence, it provides an analysis of the ongoing legal discourse on global cyberveillance. Using examples from contemporary state practice, including content filtering and Internet shutdowns during the Arab Spring as well as the PRISM controversy, the authors identify limits of state and third party interference with individual human rights of Internet users. Analysis is based on existing human rights standards, as enshrined within international law including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, European Convention on Human Rights and recommendations from the Human Rights Council. The definition of human rights, perceived as freedoms and liberties guaranteed to every human being by international legal consensus will be presented based on the rich body on international law. The book is designed to serve as a reference source for early 21st century information policies and on the future of Internet governance and will be useful to scholars in the information studies fields, including computer, information and library science. It is also aimed at scholars in the fields of international law, international relations, diplomacy studies and political science.
| Author | : Kriangsak Kittichaisaree |
| Publisher | : Springer |
| Total Pages | : 401 |
| Release | : 2017-02-28 |
| Genre | : Law |
| ISBN | : 3319546570 |
This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
| Author | : A. Brill |
| Publisher | : IOS Press |
| Total Pages | : 126 |
| Release | : 2020-06-18 |
| Genre | : Political Science |
| ISBN | : 1643680870 |
Information and communication technologies now play a big part in the daily personal and professional lives of us all. Cyberspace – the interconnected digital technology domain which underlies communications, transportation, state administration, finance, medicine and education – is part of all our lives. In the last decade, the digital revolution in the South Eastern European (SEE) countries has given more people there access to communication, education, and news than ever before, and we should not underestimate the power of these information and communication technologies. This book presents papers from the NATO Science for Peace and Security Advanced Training Course (ATC) Toward Effective Cyber Defense in Accordance With the Rules of Law, held in Ohrid, Republic of North Macedonia, in November 2019. The course focused on the SEE countries, where, in general, governments have paid appropriate attention to developing cyber defense capacities. In some cases, however, limitations in technological resources have restricted the capabilities of governments to respond to the ever-evolving challenges of defending the cyber domain. Laws and regulations differ from country to country, and the topics covered here were carefully chosen to cover issues in laws and regulations, cyber defense policies and their practical implementation. The series of papers presented in this book will provide a deeper understanding of these topics for scholars, associated professionals in the public and private sectors, and for a more general audience.
| Author | : Jens David Ohlin |
| Publisher | : OUP Oxford |
| Total Pages | : 321 |
| Release | : 2015-03-19 |
| Genre | : Law |
| ISBN | : 0191027006 |
Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyses the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.
| Author | : Radim Polčák |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 330 |
| Release | : 2017-09-29 |
| Genre | : Law |
| ISBN | : 1786439220 |
Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereigntycombines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide. This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.
| Author | : Fidler, David P. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 192 |
| Release | : 2022-06-07 |
| Genre | : Law |
| ISBN | : 1800883358 |
This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace.
