Harm Caused to Fundamental Rights and Freedoms by State Cybersecurity Interventions

Abstract

This paper is a response to an August 2016 paper by scholars from the University of Oxford titled Cyber Harm: Concepts, Taxonomy and Measurement (SSRN abstract=2828646). Its main point is to note the potential harm that can be caused – and the actual harm that has already been caused – by the actions in cyber space of state actors; by what the Oxford paper calls “cybersecurity interventions” by states and state agencies. It warns that we should not, in trying to protect the world and our countries and citizens from 'rogue states', terrorists and cyber criminals, harm the values underpinning societies based on the rule of law.