Prospects for the Rule of Law in Cyberspace

Prospects for the Rule of Law in Cyberspace PDF Author: Keir Giles
Publisher:
ISBN: 9781387581191
Category : Reference
Languages : en
Pages : 64

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Book Description
"The application of international law and legal principles in cyberspace is a topic that has caused confusion, doubt, and interminable discussions between lawyers since the earliest days of the internationalization of the Internet. The still unresolved debate over whether cyberspace constitutes a fundamentally new domain that requires fundamentally new laws to govern it reveals basic ideological divides. On the one hand, the Euro-Atlantic community led by the United States believes, in broad terms, that activities in cyberspace require no new legislation, and existing legal obligations are sufficient. On the other, a large number of other states led by Russia and China believe that new international legal instruments are essential in order to govern information security overall, including those expressed through the evolving domain of cyberspace. Russia in particular argues that the challenges presented by cyberspace are too urgent to wait for customary law to develop as it has done in other domains; instead, urgent action is needed. This Letort Paper will provide an overview of moves toward establishing norms and the rule of law in cyberspace, and the potential for establishing further international norms of behavior"--Publisher's web site.

Prospects for the Rule of Law in Cyberspace

Prospects for the Rule of Law in Cyberspace PDF Author: Keir Giles
Publisher:
ISBN: 9781387581191
Category : Reference
Languages : en
Pages : 64

Get Book

Book Description
"The application of international law and legal principles in cyberspace is a topic that has caused confusion, doubt, and interminable discussions between lawyers since the earliest days of the internationalization of the Internet. The still unresolved debate over whether cyberspace constitutes a fundamentally new domain that requires fundamentally new laws to govern it reveals basic ideological divides. On the one hand, the Euro-Atlantic community led by the United States believes, in broad terms, that activities in cyberspace require no new legislation, and existing legal obligations are sufficient. On the other, a large number of other states led by Russia and China believe that new international legal instruments are essential in order to govern information security overall, including those expressed through the evolving domain of cyberspace. Russia in particular argues that the challenges presented by cyberspace are too urgent to wait for customary law to develop as it has done in other domains; instead, urgent action is needed. This Letort Paper will provide an overview of moves toward establishing norms and the rule of law in cyberspace, and the potential for establishing further international norms of behavior"--Publisher's web site.

The Rule of Law in Cyberspace

The Rule of Law in Cyberspace PDF Author: Carlos Blanco de Morais
Publisher: Springer Nature
ISBN: 3031073770
Category : Law
Languages : en
Pages : 397

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Book Description
The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.

Studies Combined: Cyber Warfare In Cyberspace - National Defense, Workforce And Legal Issues

Studies Combined: Cyber Warfare In Cyberspace - National Defense, Workforce And Legal Issues PDF Author:
Publisher: Jeffrey Frank Jones
ISBN:
Category :
Languages : en
Pages : 2822

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Book Description
Just a sample of the contents ... contains over 2,800 total pages .... PROSPECTS FOR THE RULE OF LAW IN CYBERSPACE Cyberwarfare and Operational Art CYBER WARFARE GOVERNANCE: EVALUATION OF CURRENT INTERNATIONAL AGREEMENTS ON THE OFFENSIVE USE OF CYBER Cyber Attacks and the Legal Justification for an Armed Response UNTYING OUR HANDS: RECONSIDERING CYBER AS A SEPARATE INSTRUMENT OF NATIONAL POWER Effects-Based Operations in the Cyber Domain Recommendations for Model-Driven Paradigms for Integrated Approaches to Cyber Defense MILLENNIAL WARFARE IGNORING A REVOLUTION IN MILITARY AFFAIRS: THE NEED TO CREATE A SEPARATE BRANCH OF THE ARMED FORCES FOR CYBER WARFARE SPECIAL OPERATIONS AND CYBER WARFARE LESSONS FROM THE FRONT: A CASE STUDY OF RUSSIAN CYBER WARFARE ADAPTING UNCONVENTIONAL WARFARE DOCTRINE TO CYBERSPACE OPERATIONS: AN EXAMINATION OF HACKTIVIST BASED INSURGENCIES Addressing Human Factors Gaps in Cyber Defense Airpower History and the Cyber Force of the Future How Organization for the Cyber Domain Outpaced Strategic Thinking and Forgot the Lessons of the Past THE COMMAND OF THE TREND: SOCIAL MEDIA AS A WEAPON IN THE INFORMATION AGE SPYING FOR THE RIGHT REASONS: CONTESTED NORMS IN CYBERSPACE AIR FORCE CYBERWORX REPORT: REMODELING AIR FORCE CYBER COMMAND & CONTROL THE CYBER WAR: MAINTAINING AND CONTROLLING THE “KEY CYBER TERRAIN” OF THE CYBERSPACE DOMAIN WHEN NORMS FAIL: NORTH KOREA AND CYBER AS AN ELEMENT OF STATECRAFT AN ANTIFRAGILE APPROACH TO PREPARING FOR CYBER CONFLICT AIR FORCE CYBER MISSION ASSURANCE SOURCES OF MISSION UNCERTAINTY Concurrency Attacks and Defenses Cyber Workforce Retention Airpower Lessons for an Air Force Cyber-Power Targeting ¬Theory IS BRINGING BACK WARRANT OFFICERS THE ANSWER? A LOOK AT HOW THEY COULD WORK IN THE AIR FORCE CYBER OPERATIONS CAREER FIELD NEW TOOLS FOR A NEW TERRAIN AIR FORCE SUPPORT TO SPECIAL OPERATIONS IN THE CYBER ENVIRONMENT Learning to Mow Grass: IDF Adaptations to Hybrid Threats CHINA’S WAR BY OTHER MEANS: UNVEILING CHINA’S QUEST FOR INFORMATION DOMINANCE THE ISLAMIC STATE’S TACTICS IN SYRIA: ROLE OF SOCIAL MEDIA IN SHIFTING A PEACEFUL ARAB SPRING INTO TERRORISM NON-LETHAL WEAPONS: THE KEY TO A MORE AGGRESSIVE STRATEGY TO COMBAT TERRORISM THOUGHTS INVADE US: LEXICAL COGNITION AND CYBERSPACE The Cyber Threat to Military Just-In-Time Logistics: Risk Mitigation and the Return to Forward Basing PROSPECTS FOR THE RULE OF LAW IN CYBERSPACE Cyberwarfare and Operational Art CYBER WARFARE GOVERNANCE: EVALUATION OF CURRENT INTERNATIONAL AGREEMENTS ON THE OFFENSIVE USE OF CYBER Cyber Attacks and the Legal Justification for an Armed Response UNTYING OUR HANDS: RECONSIDERING CYBER AS A SEPARATE INSTRUMENT OF NATIONAL POWER Effects-Based Operations in the Cyber Domain Recommendations for Model-Driven Paradigms for Integrated Approaches to Cyber Defense MILLENNIAL WARFARE IGNORING A REVOLUTION IN MILITARY AFFAIRS: THE NEED TO CREATE A SEPARATE BRANCH OF THE ARMED FORCES FOR CYBER WARFARE SPECIAL OPERATIONS AND CYBER WARFARE LESSONS FROM THE FRONT: A CASE STUDY OF RUSSIAN CYBER WARFARE ADAPTING UNCONVENTIONAL WARFARE DOCTRINE TO CYBERSPACE OPERATIONS: AN EXAMINATION OF HACKTIVIST BASED INSURGENCIES Addressing Human Factors Gaps in Cyber Defense Airpower History and the Cyber Force of the Future How Organization for the Cyber Domain Outpaced Strategic Thinking and Forgot the Lessons of the Past THE COMMAND OF THE TREND: SOCIAL MEDIA AS A WEAPON IN THE INFORMATION AGE SPYING FOR THE RIGHT REASONS: CONTESTED NORMS IN CYBERSPACE AIR FORCE CYBERWORX REPORT: REMODELING AIR FORCE CYBER COMMAND & CONTROL THE CYBER WAR: MAINTAINING AND CONTROLLING THE “KEY CYBER TERRAIN” OF THE CYBERSPACE DOMAIN WHEN NORMS FAIL: NORTH KOREA AND CYBER AS AN ELEMENT OF STATECRAFT AN ANTIFRAGILE APPROACH TO PREPARING FOR CYBER CONFLICT AIR FORCE CYBER MISSION ASSURANCE SOURCES OF MISSION UNCERTAINTY Concurrency Attacks and Defenses Cyber Workforce Retention

Access Controlled

Access Controlled PDF Author: Ronald Deibert
Publisher: MIT Press
ISBN: 0262290731
Category : Computers
Languages : en
Pages : 635

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Book Description
Reports on a new generation of Internet controls that establish a new normative terrain in which surveillance and censorship are routine. Internet filtering, censorship of Web content, and online surveillance are increasing in scale, scope, and sophistication around the world, in democratic countries as well as in authoritarian states. The first generation of Internet controls consisted largely of building firewalls at key Internet gateways; China's famous “Great Firewall of China” is one of the first national Internet filtering systems. Today the new tools for Internet controls that are emerging go beyond mere denial of information. These new techniques, which aim to normalize (or even legalize) Internet control, include targeted viruses and the strategically timed deployment of distributed denial-of-service (DDoS) attacks, surveillance at key points of the Internet's infrastructure, take-down notices, stringent terms of usage policies, and national information shaping strategies. Access Controlled reports on this new normative terrain. The book, a project from the OpenNet Initiative (ONI), a collaboration of the Citizen Lab at the University of Toronto's Munk Centre for International Studies, Harvard's Berkman Center for Internet and Society, and the SecDev Group, offers six substantial chapters that analyze Internet control in both Western and Eastern Europe and a section of shorter regional reports and country profiles drawn from material gathered by the ONI around the world through a combination of technical interrogation and field research methods.

Cross-Border Infringement of Personality Rights via the Internet

Cross-Border Infringement of Personality Rights via the Internet PDF Author: Symeon C. Symeonides
Publisher: BRILL
ISBN: 9004437649
Category : Law
Languages : en
Pages : 420

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Book Description
Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.

Annual Report on China’s Practice in Promoting the International Rule of Law(2015)

Annual Report on China’s Practice in Promoting the International Rule of Law(2015) PDF Author: ZENG Lingliang
Publisher: 社会科学文献出版社
ISBN: 7509789117
Category : Political Science
Languages : en
Pages : 396

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Book Description
本書是中國促進國際法治報告(2015年)的英文版,旨在系統梳理近年來國際法治的新發展,著重闡述中國在國際法治的各個重要領域所表明的理念、堅持的原則和立場,以及採取的具體行動,系統展示了中國對促進國際法治做出的重要貢獻。全書由中國與國家間關係法治、中國與國際經濟關係法治、中國與國際民商事法治、系統闡述中國國際法的教學和傳播四部分組成。

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations PDF Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641

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Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Digital Democracy in a Globalized World

Digital Democracy in a Globalized World PDF Author: Corien Prins
Publisher: Edward Elgar Publishing
ISBN: 1785363964
Category : Democracy
Languages : en
Pages : 392

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Book Description
Whether within or beyond the confines of the state, digitalization continues to transform politics, society and democracy. Information and Communication Technologies (ICTs) have already considerably affected political systems and structures, and no doubt they will continue to do so in the future. Adopting an international and comparative perspective, Digital Democracy in a Globalized World examines the impact of digitialization on democratic political life. It offers theoretical analyses as well as case studies to help readers appreciate the changing nature of democracy in the digital age.

Research on the Rule of Law of China’s Cybersecurity

Research on the Rule of Law of China’s Cybersecurity PDF Author: Daoli Huang
Publisher: Springer Nature
ISBN: 9811683565
Category : Law
Languages : en
Pages : 250

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Book Description
This book provides a comprehensive and systematic review of China's rule of law on cybersecurity over the past 40 years, from which readers can have a comprehensive view of the development of China's cybersecurity legislation, supervision, and justice in the long course of 40 years. In particular, this book combines the development node of China's reform and opening up with the construction of the rule of law for cybersecurity, greatly expanding the vision of tracing the origin and pursuing the source, and also making the study of the rule of law for China's cybersecurity closer to the development facts of the technological approach.

Public International Law of Cyberspace

Public International Law of Cyberspace PDF Author: Kriangsak Kittichaisaree
Publisher: Springer
ISBN: 3319546570
Category : Law
Languages : en
Pages : 376

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Book Description
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.