Law In Cyberspace Research Articles

Digital Transformation and Rule of Law Based on Peak CO2 Emissions and Carbon Neutrality

The promotion and implementation of carbon neutrality against peaking carbon dioxide emissions urgently need the support of science and technology and the backing provided by a guarantee of rule of law. The proposition, logic, and progression of digital responses to peaking carbon dioxide levels in the search for carbon neutrality are clearly reflected in the current era, employing big data to address the problems of inadequate central–local coordination and interaction, the inadequate application of the rule of law, campaign-style “carbon reduction” promotion, and scientific and technological support in the promotion and implementation of peak carbon dioxide emissions and carbon neutrality. We need to pay attention to the coordination of digital technology, the rule of law response, and the protection of people’s rights. First, in the process of digital carbon dioxide peaking and carbon neutrality, it is necessary to improve the credibility of carbon dioxide peaking and carbon neutrality through the “whole-process trace” and storage mechanism techniques that are made possible by blockchain technology. Second, it is necessary to refine the management of peak carbon dioxide emissions and carbon neutrality through “decentralization” and consensus mechanisms. Third, it is necessary to improve the effectiveness of governance in the management of peak carbon dioxide emissions and carbon neutrality through “non-falsifiability” and collaboration mechanisms. Fourth and finally, the conclusions of this paper are offered. First, from the aspect of smart city construction, it is necessary to promote the coordinated construction of a low-carbon city and smart city and explore the legal ramifications of low-carbon development in urban governance. Second, in corporate governance, we need to build a low-carbon-development digital platform to promote the integration of digital technology and corporate compliance. Third, in terms of global governance, we need to promote the rule of law in cyberspace to address global climate change, the low-carbon development of digital technology, and the low-carbon construction of a cyber society. Fourth, we need to emphasize the rights and obligations of different parties in the implementation mechanism of the rule of law on digital carbon peaks and carbon neutrality.

Revisiting past cyber operations in light of new cyber norms and interpretations of international law: inching towards lines in the sand?

ABSTRACT This article traces the evolution of interpretations of international law and international cyber norms on responsible state behaviour in cyberspace by reassessing five major – and allegedly state-led – cyber operations: Stuxnet 2010; Belgacom 2013-2014, the Ukrainian power grid 2015, the US presidential election 2016, and NotPetya 2017. Taking recent normative developments and emerging state practices as primary points of refence, it investigates how the current normative landscape can shed light on the nature, (il)legitimacy, and (un)lawfulness of these past operations. For each case, the analysis engages with: i) the elements triggering the violation of norms, principles and international law; ii) the legal and normative significance of recent sources of norms and interpretations of international law; and iii) the legal and political obstacles still lying beyond their application. Taken together, the reassessment of these cyber operations reveals how, in hindsight, the international community has come a long way in calibrating its normative language and practices in calling out irresponsible behaviour in cyberspace. With states taking small, but unprecedented, steps through public attributions and statements on international law in cyberspace, most of the past cyber operations analysed here would arguably feature an attribution in the current climate. At the same time, substantial differences in national interpretations of international law continue to stand in the way of clarity on the terms of its application. In light of this, this article ultimately suggests that cyber norms and the interpretations of international law require further granularity to become ‘lines in the sand’.

Applicability of International Law in Cyberspace: Positions by Estonia and Latvia

The study focuses on applicability of international law in cyberspace, particularly on the global processes at the United Nations Committee on Disarmament and International Security and analyses whether and how Estonia and Latvia understand and explain the application of international law to the states’ conduct in cyberspace. The aim of the study is to provide qualitative and comparative analysis on what national positions Estonia and Latvia have on applicability of international law in cyberspace and how these opinions are reflected in their national cybersecurity strategies and national statements. The article assesses the efforts by Estonia and Latvia to promote understanding on how international law applies in cyberspace. These efforts are analysed from foreign policy perspective. The article also argues why it is crucial to promote such an understanding; however, it does not discuss or interpret legal concepts. The article concludes with a comparison of the cases of Estonia and Latvia. The result of the research indicates that Estonia has been more active than Latvia in terms of defining and promoting its official position on applicability of international law in cyberspace. Latvia has not yet provided detailed positions on applicability of international law in cyberspace. Keywords: cybersecurity, cyberspace, international law, international security, international society

Application of the Principles of International Humanitarian Law (Principles of Distinction, Proportionality, and Precaution) to Armed Conflicts in Cyberspace

Information technology development in the modern world affects all spheres of human activity on a global scale, including the sphere of military activities of States. The current level of military information technologies development allows us to talk about a possible new theater of military operations, namely, cyberspace. In this regard, it is necessary to analyze the problem of applying the principles of international humanitarian law (IHL), in particular the principles of distinction, proportionality, and precaution, to armed conflicts in cyberspace, which is the subject of this article. However, the application of the basic principles of this branch of international law in cyberspace raises a number of problematic issues that require in-depth research, specifically the application of principles of IHL to cyberspace. The research of such issues is the purpose of this article.
 Based on the results of this research, the author came to the following conclusions: 1) the application of the principle of distinction in cyberspace is unlikely to ensure the protection of dual-use objects. More important for the protection of such objects in cyberspace is the principle of proportionality; 2) whether IT companies that supply technical equipment and software for military needs qualify as a military facility depends on how much such a company is involved in procurement activities; 3) objects in cyberspace that support the military potential of a state are not military objects; 4) social networks are not military targets; 5) in the context of an armed conflict in cyberspace, the parties to such conflicts have a duty to carefully check the cyber means used in a cyber-attack for compliance with the prohibition of attacks of an indiscriminate nature; 6) the issue of taking precautionary measures against cyber-attacks and their consequences is at the stage of developing state practices. However, it should be assumed that this fact does not negate the obligation of States to take such measures in the event of cyber-attacksthis obligation lies with the States due to the application of the principles of IHL to cyberspace.

International humanitarian law in cyberspace: Ratione materiae, ratione temporis and problem of cyber-attack qualification

The purpose of the article is to analyse problems arising from applying the rules of International Humanitarian Law in cyberspace, particularly the problems of ratione materiae and ratione temporis of this branch of Public International Law in cyberspace. The rapid development of cyber technologies that can be used within an armed conflict affirm the applicability of this research. The existence of “The Tallinn Manual 2.0” on International Law Applicable to Cyber Operations also confirms the impact of this topic on the modern world. The fact that parties in armed conflicts use new technologies in cyberspace does not affect the applicability of IHL rules to such military actions. In the context of this issue, a key question which instigates scientific discussion is that of which cyber operations are subject to the regulation of the law of cyber armed conflicts. The urgent need to study this problem stems from the fact that cyberspace is not an ordinary theatre of war, with the means and methods of warfare used in it being in no way related to the traditional use of armed force; given this quality of cyber operations, it is essential to understand which areas may be subject to IHL. The article analyses two main doctrinal points of view in relation to this problem; as this doctrine (in the context of this issue) also addresses the legal qualification of cyber-attacks, the article also raises this topical issue. Based on the results of this analysis, the author concludes that, despite all the evidence of theoretical conclusions regarding the problems under analysis, they still do not seem comprehensive due to the lack of relevant state practice, which needs to be developed.

International Regulation of Cyber Operations

Cyberspace constitutes an unstable environment, featuring rapid changes in the nature of the actors using it, the technologies applied and the inter-personal, governmental and commercial interactions facilitated thereby. The global COVID-19 pandemic exponentially accelerated the trend of digitalization in various fields of life, increasing even more the dependency on cyber-infrastructure and with it the potential for harmful cyber-attacks. Traditionally, states have been cautious in invoking international law in the context of cyber-attacks, and they tended to refrain from denouncing attacks against them as violations of international law, or attributing it to other states. This state of affairs appears to be changing, however. While there are of disagreements as to the way that international law applies in the cyberspace, a common understanding had emerged about some key international law norms that apply in this field. States like Australia, France, Germany, Israel, the United Kingdom, and the Netherlands have recently articulated their legal positions on how international law applies in cyberspace. In the same vein, states who fell victim to cyber-attacks are increasingly attributing them, as an international law matter, to other states, or non-state actors. Arguably, the increased role played by international law in cyberspace constitutes a reaction to the fact that cyber-attacks become more and more frequent, and dangerous, capable of shutting down critical infrastructure, including nuclear centrifuges and water pumping facilities. This chapter will describe and critically evaluate the norms of international law which regulate cyber-operations, and discuss some of the policy considerations underlying them. Part I offers a short history of cyber-attacks. Part II presents the current international law framework governing cyber-attacks. Part III delves into the attribution challenge in cyberspace. Part IV concludes and suggests a way forward.

Sovereignty Decoupled from Human Rights: The German Position Paper on the Application of International Law in Cyberspace

Sovereignty Decoupled from Human Rights: The German Position Paper on the Application of International Law in Cyberspace

Feminism, Privacy and Law in Cyberspace

Feminism has long centered on breaking down the public and private divide that traditionally organized social relations and subordinated women. Privacy is lauded for giving women space for self-determination, but also criticized for creating spaces where patriarchy and misogyny can flourish unchecked. Cyberspace heightens the stakes of this tension because it creates almost limitless access to people’s personal data. We live in a datafied society powered by digital profiling, automated decision-making, and surveillance systems in which we no longer control our personal data; rather, it is used to control us. Women face multiple, gendered harms in cyberspace, including online harassment, digital discrimination, and sexual surveillance by the “femtech” industry. Yet the United States lacks comprehensive privacy laws, and its analog-era anti-discrimination statutes are no match for the digital world. American privacy protections hinge upon a notice and consent regime that puts the onus on users to protect their privacy, rather than the entities that benefit from gathering individual’s personal data. This chapter presents an overview of the oppression women and other marginalized people suffer through a loss of privacy in the digital age and the efforts that activists have taken to ameliorate the harms of cyberspace and to shape privacy norms in a feminist and inclusive manner. It describes the meaning of privacy through four waves of feminist theorizing and activism, analyzes how American privacy law responds to major gender equity challenges in cyberspace, and highlights current feminist theories and models of resistance.

PECULIARITIES OF THE FORMATION OF SECURE CYBERSPACE IN THE DIGITAL ECONOMY

Purpose. The aim of the article is to reveal the peculiarities of the formation of secure cyberspace in the digital economy, to substantiate the activities of law enforcement agencies to prevent cybercrime. Methodology of research. The theoretical basis of the study were the fundamental provisions of modern economic theory, scientific works of scientists, regulations and legislation of Ukraine on cyber security and the development of the digital economy. To achieve this goal, the following general and special methods were used: abstract and logical (to substantiate the key characteristics of the information space in the context of growing digital economy), system (to consider the relationship between different departments and businesses to develop measures to combat transnational crime), inductive logic (in the study of law enforcement activities to prevent real and potential cybercrime), deductive (to determine effective means of security control in the management of cyber threats), system and structural analysis (to identify and analyse patterns, trends and features of the digital economy). Findings. The peculiarities of a secure virtual environment in the conditions of digital economy development are studied, taking into account the specifics of information society formation and digitalization of economic relations, development of economic processes, in particular their entry into the international digital market. Problematic issues of information and cyber security are outlined. Emphasis is placed on the development and implementation of technologies to protect and counter cyber-attacks, cyber risk management and evaluation of the effectiveness of safe cyberspace control. Effective means of counteracting the commission of crimes in the digital economy are analysed, perspective directions of ensuring law and order in cyberspace are substantiated. Originality. The scientific novelty lies in the substantiation of theoretical and methodological provisions and applied recommendations for the formation of secure cyberspace in the digital economy, the formation of the institutional basis for the integration of government and business structures based on information technology. Practical value. The practical significance of the obtained results lies in the development of scientific and applied recommendations for combating cybercrime in the work of law enforcement agencies. Key words: digital economy, digital technologies, digitalization, cyber security, cybercrime, cyber threats, cyberspace, information and communication technologies.

1998 – UNGA Resolution 53/70 ‘Developments in the Field of Information and Telecommunications in the Context of International Security’ and Its Influence on the International Rule of Law in Cyberspace

1998 – UNGA Resolution 53/70 ‘Developments in the Field of Information and Telecommunications in the Context of International Security’ and Its Influence on the International Rule of Law in Cyberspace

'All Watched Over By Machines of Loving Grace'? The Inevitable Conflict between Contract Law and Free Speech in Cyberspace

This paper discusses why it is inevitable that contract law will be used as a means of censoring speech on the Internet, and why contract law allows itself to be used to limit freedom of speech.

State Defense Efforts through Strengthening Cyber Law in Dealing with Hoax News

Geographically, Indonesia's position in the crossing of continents, between Asia and Australia, and between two oceans, the Indian Ocean and the Pacific Ocean, is a natural trajectory for trade, exploitation of marine products and military traffic. Comparable with the level of threat, Indonesia has great potential to make other interested parties not carelessly indiscriminate to divide Indonesia. Cyber law is a legal aspect whose term originates from cyberspace law, the scope of which covers every aspect relating to individuals or legal subjects who use and utilize internet technology that begins when they begin to go online and enter cyberspace. The government has made a special regulation regarding cyber law which is realized as Law Number 11 Year 2008 concerning Information and Electronic Transactions. Strengthening cyber law in Indonesia is essential, to strive for national defense. Not only protect the public, but also protect nationally from the threat of cyber crime. So that the creation of a tool to convince the international world, regarding the existence of strict regulations in cyber defense as an effort to defend the country to build global security.

СУЧАСНІ ПІДХОДИ ДО РОЗВИТКУ ЦИФРОВОЇ КОМПЕТЕНТНОСТІ ЛЮДИНИ ТА ЦИФРОВОГО ГРОМАДЯНСТВА В ЄВРОПЕЙСЬКИХ КРАЇНАХ

Стаття присвячена сучасним підходам до розвитку цифрової компетентності людини та цифровому громадянству, що є новим для країн Європи. Представлено сучасні європейські підходи до використання цифрових засобів у навчальному процесі, зокрема в професійній діяльності вчителів, які підтримують новий рівень спілкування і взаємодії всіх учасників навчально-виховного процесу і спрямовані на розвиток цифрової компетентності суб’єктів навчального процесу. Подано визначення поняття «цифрове громадянство» у контексті сучасних європейських тенденцій, яке передбачає здатність людини позитивно, критично та грамотно брати участь у цифровому середовищі, спираючись на навички ефективного спілкування та творення, практикувати форми соціальної участі, які поважають права та гідність людини завдяки відповідальному використанню технологій. Виокремлено складові та надано характеристики цифрового громадянства. Подано три його ключові елементи: цифрова взаємодія, цифрова відповідальність та цифрова участь. Окреслено роль та важливість цифрової компетентності в здійсненні цифрового громадянства. Подано бачення Ради Європи щодо освіти з цифрового громадянства як розширення можливостей для молоді та набуття компетентностей для навчання та активної участі в цифровому суспільстві. Зосереджено особливу увагу на запровадженні у країнах Європи «цифрової громадянської освіти» з метою заохочення молоді до розвитку цифрових навичок та їх використання в Інтернет-просторі, що передбачає особисте залучення та творчість, а також усвідомлення юридичних наслідків власної онлайн діяльності. Підкреслено важливість набуття знань, умінь та компетентностей для вчителів та учнів щодо здійснення та відстоювання своїх демократичних прав та обов'язків в Інтернеті, а також для просування та захисту прав людини, демократії та верховенства права в кіберпросторі. Особлива увага зосереджена на необхідності адаптування інструментів з використанням інформаційно-комунікаційних технологій для навчання до аудиторії. Підкреслено важливість того, щоб онлайн засоби, які використовує вчитель, були різнобічними та використовувались як засоби надання зворотного зв’язку для створення можливості краще зрозуміти власні сильні та слабкі сторони використання ІКТ та знаходження власних шляхів досягнення успіху.

Sources of Public Relations Legal Regulation in Cyberspace

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

Art Law & the Law of the Horse

At a 1996 conference on the “Law of Cyberspace,” Judge Frank Easterbrook famously criticized “cyberlaw” as the equivalent of “The Law of the Horse”: superficial and unilluminating. He argued that we should study general legal principles and apply them to cyberspace and horses alike. Easterbrook’s genial jeremiad provoked a litany of responses defending the worthiness of cyberlaw, typically arguing that cyberspace regulation is sui generis and studying it illuminates general legal principles. “Art law” is arguably analogous to “cyberlaw.” Or at least the “law of the horse.” While precious little law is specific to art, a rich and complex body of social norms and customs effectively governs artworld transactions and informs the resolution of artworld disputes. In any case, a smattering of scholars study art law and a similar number of lawyers practice it. In this essay, I will provide a brief overview of art law from three different perspectives: the artist, the art market, and the art museum.

The ‘Virtual Eichmann’: on Sovereignty in Cyberspace

Sovereignty is a complex notion of international law, and not less disputed in the current digital era. Some States question whether sovereignty is a ‘mere’ principle of international law in the virtual cyberspace or a binding rule. This article argues that the sovereignty of States is a primary rule of law in cyberspace, though mainly based on a violation of the political independence, rather than on the territorial integrity. In the 1960s abduction of Eichmann both territorial integrity and political independence - related to inherently governmental functions - were violated. In a fictitious remote cyber deletion of a ‘virtual Eichmann’ it is difficult to substantiate how territorial integrity in cyberspace is being violated when no physical or functional damage occurs. However, the inherent governmental functions of the State can and will be violated when a remote cyber operation is executed aimed at State functions such as taxation, law enforcement or elections, not least since these functions are less territorial in nature. Clarity regarding the exact threshold at which the inherent political functions are violated will require further State practice, but the mere question ‘when’ the breach happens illustrates the existence of a primary rule of law.

1998 - UNGA Resolution 53/70 'Developments in the Field of Information and Telecommunications in the Context of International Security' and Its Influence on the International Rule of Law in Cyberspace

1998 - UNGA Resolution 53/70 'Developments in the Field of Information and Telecommunications in the Context of International Security' and Its Influence on the International Rule of Law in Cyberspace

Harmonising Private Law in Cyberspace: The New Directives in the Digital Single Market Context

This article is an overview of the latest developments in EU private law in the Digital Single Market context. After several years of uncertainty, in 2019 the EU adopted directives on the sale of goods (Directive 2019/771) and distance sale of content and services (Directive 2019/7770). Both directives are an important upgrade of the present consumer protection regime as well as an addition to the significant list of instruments promised in the 2015 Digital Single Market strategy. This article has two purposes: the first is to establish that the directives are not completely novel but are a result of the tradition dating to Principles of European Contract Law (PECL), Draft Common Frame of Reference (DFCR) and Common European Sales Law (CESL). We also aim to question the basic suitability of civil law as a tool for regulating the Digital Single Market, in particular in light of the new technologies (AI, smart contracts, big data, robotics, etc.) We conclude that, while the directives are an important addition to the body of harmonized EU private law, the problems of new technology may need to be addressed separately and that, technology on occasion (e.g. smart contracts) has the capacity to fulfil the tasks used to be given to civil law.

The use of force in cyberspace under international law

The article deals with the issues of international legal qualification of cyberwar. The correlation between the concepts of “cyberattack”, “cybercrime” and “cyberwar (cyberwarfare)” is considered. On this basis, the author offers his own distinctions. The reasons for applying international humanitarian law and international criminal law norms to cyberwar are analyzed in detail. The article deals with the problem of extending the basic principles of international law in cyberspace. The author focuses on the cyberwar qualifications, according to which such acts can be recognized as a crime of aggression.

The rule of law in cyberspace is at risk

Criminal justice authorities need to be able to secure electronic evidence, including on servers in the cloud, to protect society and individuals against crime online. The powers to obtain such evidence must to be subject to data protection and other safeguards. Proposals to move ahead are now available.