Regulation Of Cyberspace Research Articles

Adolescent Mental Health Crisis: Current Situation, Challenges and Solutions

This paper explores the mental health issues faced by 10-19-year-olds globally, which remain primarily under-recognized and under-treated. Although depression and anxiety in adolescents cannot be solved quickly, long-term improvements can be achieved. Long-term solutions to the adolescent mental health crisis need to include intergenerational shifts, social reform, medical advances, and public health engagement. The article analyzes the impact of family dynamics, social pressures, technological influences, and external crises on adolescent mental health. It makes policy recommendations, including raising awareness of depression and anxiety symptoms among guardians, establishing robust mental health services, training professional health care providers, and enforcing stricter regulation of cyberspace. And encourage young people to reduce stress through sports, hobbies and social activities. Overall, the paper argues for a policy framework that combines administrative and emotional care to protect young people’s mental health and enable them to reach their full potential.

International Legal Guiding Principles for State Activity in Cyberspace

The rapid development of information technologies and the emergence of cyberspace as a new domain of state activity raises critical questions regarding the regulation of state actions within this space under international law. It is evident that international law applies to cyberspace; any contrary approach would create a legal vacuum, implying that states lack international legal obligations related to cyberspace and undermining state sovereignty in this new realm. Given that states are the primary subjects of international law, denying their applicability to cyberspace is existentially untenable. Despite the clear applicability of international legal principles to cyberspace, international law, like law in general, is often rigid and fails to keep pace with rapid technological advancements. Consequently, a key challenge in the international legal regulation of cyberspace is the specific application of international law in these contexts. This leads to several fundamental questions: How do the fundamental principles of international law apply to cyberspace? What is the effect of sovereignty in cyberspace? How are cyber operations attributed to the state? How is cyber-armed conflict regulated? This article addresses these fundamental issues of international legal regulation in cyberspace. Based on the findings of this research, draft guiding principles for state activity in cyberspace were proposed, which could serve as the foundation for an international methodological document, offering an alternative to the unrepresentative Tallinn Manual and potentially paving the way for a future universal international treaty in this area.

A Review of Saudi E-Commerce Regulation Under the Scope of the GDPR

Abstract The purpose of this article is to analyse and make an initial assessment of the Saudi legislative framework regarding E-commerce and data protection throughout a set of rules imposed on Internet service providers (ISPs) to ensure confidentiality, integrity of data and the safety of online transactions. Some efforts have been made in the Middle East and beyond and making an initial assessment may help us strengthen the existing legal instruments. The basic postulate is that we deal with cybercrimes and potential transnational offences. States should cooperate on a bilateral and multilateral basis in order to increase data protection and both security and predictability of E-commerce. The analysis of European law which opted very early for increased protection of personal data and strict regulation of cyberspace could allow us to put into perspective the evolution of Saudi law and possibly try to bridge or improve its approach to the matter.

Gentlemen, you can't fight in here. Or can you?: How cyberspace operations impact international security

AbstractThe military now views cyberspace as a new warfare domain, with constant cyber operations potentially causing significant consequences. Internationally, countries are heavily involved in cyberspace, but international law lags behind this evolution, raising questions about its application and retaliation measures. This article investigates international law in cyberspace and cyber operations in warfare and terrorism, exploring recent calls for increased legislation. The impact of cyberspace nonregulation on international security is examined from both positive and negative perspectives. It argues that solving anonymity and attribution issues requires state collaboration, with an initial step of cooperation against cyber‐terrorism. The conclusion emphasizes the necessity of cyberspace regulation and legislation for international and national security, offering a starting point for discussion.

Lessons from Cyberspace Regulation and Internet Governance for Implementing Artificial Intelligence Regulatory Sandboxes

Lessons from Cyberspace Regulation and Internet Governance for Implementing Artificial Intelligence Regulatory Sandboxes

Cyberspace and sovereignty in public international law

The paper studies the manifestation of cyberspace in the context of the principle of sovereignty as a fundamental principle of public international law. It is a young phenomenon that is still difficult to define in a clear way in the international community. The author analyzes whether, to what extent, and which formal sources of public international law apply to cyberspace. The analysis focuses on three central sources of public international law - international treaties, international customs and general legal rules. Cyberspace is then analyzed from two angles. The first, external aspect of the analysis seeks an answer to the question of whether, first of all, states as central subjects of international public law, but also the international community and to what extent, have sovereignty over cyberspace. Second, internal segment of the analysis is aimed at determining whether cyberspace has its own sovereignty. The paper briefly reviews the perspectives of the leading world powers, above all the United States of America, the People?s Republic of China and the Russian Federation. The author concludes that it is necessary to continue working on the regulation of cyberspace, primarily through the institutions of the United Nations. Only regulation at this level can provide the necessary legal regulations that will adequately regulate a specific area such as cyberspace.

Правові операції у глобальному контексті

Background. The emergence of the concept of warfare, defined as the use of law to wage war, has prompted a reassessment of the strength of the international order based on the rule of law. Similar to the regulation of cyberspace, information threats, and instruments of economic and financial pressure, warfare is a non-kinetic action that does not follow the traditional course of an armed attack. Caught off guard, states do not know how to respond to these non-kinetic actions as they take place in a new and rapidly changing regulatory environment. Methods. The source base of the study is formed by documents of international organizations and scientific publications on legal operations. The author uses the dialectical, historical, comparative legal methods to track the transformation of views on the processes of planning and conducting legal operations; systemic and structural, formal and logical methods to determine the provisions which should be taken into account in the process of introducing the concepts of legal operations into the activities of the Armed Forces of Ukraine; and methods of analysis, generalization and synthesis to develop relevant proposals. Results. International official documents (agreements, protocols, conventions, recommendations, standards, declarations, communiqués, messages, charters) that regulate and govern the issue of hybrid warfare were summarized and systematized; Proposals for the implementation of legal operations concepts in Ukraine were developed. Conclusions. The results of this study develop the ideas of other researchers on the expediency of introducing the concept and implementation of legal operations in the context of hybrid warfare.

Methodology for Combating Extremism in Cyberspace: Experience of the Shanghai Cooperation Organization

The studies of extremist discourse in cyberspace use set scientific methods to protect traditional spiritual values, such as state sovereignty, human rights and freedoms, historical and cultural heritage. The experience of the member States of the Shanghai Cooperation Organization (SCO) on the implementation of regional international agreements aimed at combating extremism should be applied in the organization of countering extremist crimes committed using digital technologies.Aim . To characterize approaches to combating extremism in cyberspace within the SCO and to determine the methodology for assessing the degree of public danger of manifestations of extremism.Methods. The study on extremism in SCO apply a comparative legal method when posing the problem of criminalization of extremist practices and use discourse analysis of the extremism in cyberspace problem for assessing the public danger of radical ideology.Results. Three groups of methods are used in the fight against extremism: methods of legal regulation, methods of studying and assessing the public danger of extremist materials and methods of scientific research of extremism. Prohibitive legal regulation in cyberspace is applied to media content that, according to the conclusion of linguistic expertise, contains signs of extremist materials. The doctrinal basis for the legal assessment of the linguistic expertise of extremist materials is the socio-legal research conducted in the SCO member states.Conclusions. The propaganda of extremism in cyberspace qualifies as an abuse of freedom of speech, since extremist ideology leads to terrorism. The SCO consensus on the need to combat extremism is based on a scientific methods system for radical ideology research, among which discourse analysis and narrative dialogue research will play an increasing role with the digital transformation.

Introduction to Special Issue on Nordic Perspectives on the International Legal Regulation of Cyberspace

Introduction to Special Issue on Nordic Perspectives on the International Legal Regulation of Cyberspace

Cybercrime And Senior Citizens In India – A Comparative Study Of Legal Frameworks Within Cyberspace Globally

Cyber space regulation is that arena which is growing very rapidly, due to multidisciplinary approach in tackling innovation, technological updation, persistent cybercrimes emerging from interactions within cyberspace. This doctrinal paper is a critical study and analysis of challenges faced by stakeholders, jurisprudence of crimes committed within cyberspace, effect on vulnerable group ‘senior citizens’ as potential victims since emergence of Information Communication Technology. Aimed to study international treaties, national policies of QUAD members, statutes, community help programs, emerging new theories of cyberspace jurisprudence, adopted by netizens, challenges that are being faced by all the stakeholders to influence cyberspace, socio economic legal disabilities within a sections of society, principles or prepositions thus found, important facets of cybercrime comprehensively to contribute in the development of Cyber Security legislations and Regulatory Framework of India, for a secure safe cyberspace as severity of the issues, challenges in cyber victimization against senior’s can permeate legal gaps as previous research efforts have largely revolved around women and children, while neglecting them. Victimization in cyberspace is pushing seniors further away from use of technology confidently so as to kick off original plans for equalitarianism as envisioned in our constitution.

CYBERSPACE AS A SUBJECT OF PHILOSOPHICAL AND PHILOSOPHICAL AND LEGAL ANALYSIS

The publication is devoted to a review of scientific publications of foreign scientists on the regulation of cyberspace. Emphasis is placed on the interest of foreign science in this field, on the one hand, and the lack of a unified strategy for the study of cyberspace, on the other hand. Special attention is paid to the human right to data confidentiality in cyberspace.

CURRENT INTERNATIONAL LAW FOR CYBER CRIMES: A NEED FOR NEXT STEP

Through a wide variety of restrictions and regulations, the International Law regulates the relationship between nations and other international players (such as international organisations). From weapons control to international commerce, to environment, it has been used as a framework for governing global governance. The importance of international law in cyber environment has developed as governments pay greater attention to the ‘governance of cyberspace’ (the technological infrastructure that enables the global internet to work) and ‘governance in cyberspace” (how states, industry, and individuals may utilise this technology). However, apart from few exceptions such as the Budapest Convention on Cybercrime1 and the African Union Convention on Cyber Security and Personal Data Protection (yet to be in effect), the international law does not provide specific guidelines for cyberspace regulation. Moreover, it's a cutting-edge technology that's constantly evolving. As a result, for many years, it was unclear whether or not existing international law extended to the domain of Internet. The nation states and international organisations such as the UN's First Committee on Disarmament and International Security, the G20, European Union, the ASEAN, and the Organization of American States (OAS) have all stated that existing international law applies to states' use of information and communication technologies (ICTs). Thus, International Law is no more a question of whether, but rather how it functions. While many other international......

Exploring Chinese cyber discourse: integrating political and legal perspectives

Abstract Cyberspace, with the rapidly growing network of users and communication technologies, provides venues for myriad social and political interactions. The very technology that enables the development of cyberspace itself also makes detailed and cumulative observation possible. This study aims to investigate cyber discourse in the context of China from the perspective of political and legal integration. Theoretical insight is transformed from viewing cyberspace as a research object to regarding it as a research ontology. To fill in this uncharted domain, this study aims to examine (a) the hidden connotations of the political discourse in cyberspace, (b) the new features of legal regulation in cyberspace, and (c) the relation between political discourse and legal practice. Centering on both political and legal discourse on cyberspace, the findings of this study indicate that there is a dialectical relationship between political discourse and legal practice in cyberspace. With the findings, this study contributes to the discursive construction by extending the discourse studies into cyberspace and integrating the discourse studies with politics and law.

SOCIAL CONTROL THEORY AND CYBERCRIME

The paper pays attention to the potential role that the social control theory has in the improvement and development of previous Information-Communication Technology (ICT) Policy. Online activities are daily routine of people all around the world. Emerging information and communication technologies create numerous challenges and issues how to regulate its use. ICT policy interests are closely related to concern of social order in cyberspace. The development of ICT possibilities at the same time follows development of new cybercrime forms. The ICT policy needs to explore new strategies and theoretical integration that transcend the existing criminological frame. The sociological theory of social control to a significant degree may predict and explain crime and how people define and respond to deviant behavior. How social control theory may order individual behavior in cyberspace? May it help prevention of cybercrime and maintain more safer and conscientious use of the internet? The following article provides an analysis of the possibilities of social control theory in maintaining the order in cyber society. Throughout the article, the social control theory is discussed by content analysis scientific method. Main purpose of the paper is to encourage concerning use of social control mechanisms as one of the effective tools for regulation in cyberspace and prevention of cybercrime.

Electronic evidence in proving crimes of drugs and psychotropic substances turnover

Background: This article is prompted by the increasing levels of crime in the sphere of illicit trafficking in narcotic drugs, psychotropic substances, their analogues, or precursors using information and telecommunication systems. The aim of the article is a comprehensive analysis of the problem of the use of electronic evidence in proving crimes of trafficking in these substances. Methods: A number of methods were used in this article, namely: theoretical analysis – the study and analysis of official documentation, scientific, methodological, and educational literature, summarising information to determine the theoretical and methodological foundations of the study; logical analysis – to formulate basic concepts and classification; concrete-historical analysis – to demonstrate the dynamics of development of the use of electronic evidence in criminal proceedings; the dialectical method – to reveal the meaning of concepts of ‘electronic evidence’. The judicial practice of the Supreme Court of Ukraine regarding the recognition of electronic proof as appropriate evidence in cases is disclosed. The definition of electronic proof in the Ukrainian legal system, as well as the forms and features of electronic proof, are also considered. Results and Conclusions: It is established that the main causes of drug trafficking crimes include insufficient legal regulation of cyberspace, the lack of geographical boundaries, the spread of information about drugs on the Internet, especially on the Darknet, and the uncontrolled development of the cryptocurrency market.

Cyberlaw in Ukraine: current status and future development

The purpose of this article is to focus on current problems existing in the national legal regulation of cyberspace, peculiarities of the formation of a new branch of law - cyber law, as well as to identify ways to improve cyber law effectively further in Ukraine. In this sense, it is obvious that the regulation of objects and phenomena of cyberspace at the national level is rather weak and insufficient compared to other countries, so it is appropriate to analyze normative and legal practices in cyber law, effectively functioning in developed democracies, in order to adapt them to the realities of the Ukrainian legal system. The methodological basis was the use of a number of methods: the logical method was used to formulate the concepts of “cyber law”, “cyberspace”, “cybersecurity”; the normative-dogmatic method was used to study the content of regulations governing the industry; the monographic method was used to study the works of foreign and domestic scientists; system-structural allowed to study the current state and improvement of cyber law; generalization method was used to formulate conclusions. The results are presented in the form of the author's study of the current state and ways of further development of cyber law in Ukraine. In the course of the study, we formulated conclusions that focus on the features of the current state of functioning of cybersecurity legislation and consider promising directions for its further improvement, which in turn will serve as a basis for the improvement of cyber law in Ukraine.

Horizontalizing Insecurity or Securitizing Privacy? Two Narratives of a Rule-of-Law Misalignment between a Special Administrative Region and Its State

Abstract Data protection is generally surmised as antithetical to State surveillance and regulatory intrusiveness into the measures that businesses adopt to ensure the security of personal data. This originates in an ancient, West-rooted understanding of the ‘rule of law’ as the ultimate shield of ‘the private’ sphere against ‘the public’ sovereign power. Therefore, through Western lenses, data protection and State securitization of citizens’ data cannot be but a dichotomy. This article challenges such a presumption, arguing that a no less legitimate view of what the ‘rule of law’ stands for gives rise to both a vertical and a horizontal attitude towards privacy regulation. By scrutinizing the Cathay Pacific data breach and its consequences for passengers’ records in terms of corporate liability, this analysis posits that China and one of its special administrative regions, Hong Kong, display the facets of a horizontal and vertical policy approach to data protection respectively. Comparative observations demonstrate that against a context of increasingly pervasive cyberattacks, a fair degree of State oversight in corporate cyberspace regulation is not necessarily to be rejected. In fact, State ‘interventionism’ to prevent cyberattacks seems a legitimate outlook on data protection, which, while possibly impairing citizens’ privacy vertically vis-à-vis the government, greatly enhances such a privacy horizontally by constraining exposure to data misappropriation by non-governmental (home and foreign) cybercriminals. These two ‘Chinese’ approaches can be synthesized and might, indeed, coalesce into an international rule of law, to be based on moderate State assertiveness to prevent data breaches in the cyberspace.

The Indonesian Electronic Information and Transactions Within Indonesia’s Broader Legal Regime: Urgency for Amendment?

Cyberspace is the interdependent network of information technology infrastructures such as the internet, telecommunications networks, and computer systems. Meanwhile, Indonesia’s Law Number 11 of 2008 and its amendment through Indonesian Law Number 19 of 2016 governing cyberspace have been viewed to contradict and infringe other areas of law, such as protection of press or freedom of expression. Hence, this study seeks to identify the controversies and problems regarding the law deemed urgent for amendment. Further, this study creates recommendations so the government may amend electronic information policy more fairly and efficiently. This study uses a judicial normative and comparative approach. This research tries to analyze the existing regulations and the implementation and compare Indonesia’s cyberspace regulation with other States’. This study finds that Articles 27(3) and 28(2) of the law criminalize defamation and hate speech in an overly broad manner and that Article 40(2)(b) allows the government to exercise problematic censorship. As a result, they have infringed the freedom of the press and general freedom of expression in practice. In response to this, this study compares similar provisions from other States and recommends amendment the articles to become narrower and more clearly defined.

Electronic evidence

Relevance of the problem outlined in the article is due to increasing levels of crime in the sphere of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors using information and telecommunication systems. The aim of the article is a comprehensive analysis of the problem of the use of electronic evidence in proving crimes of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors. To achieve the goal were used to theoretical, historical comparative methods and logical analysis; application of dialectical method allowed to reveal the meaning of concepts "electronic evidence The article presents the most common methods of communication in the sale of drugs, psychotropic substances, their analogues or precursors through such means of communication as messengers, social networks, online games, proprietary programs. It is established that the main causes of drug trafficking crimes include: insufficient legal regulation of cyberspace, the lack of geographical boundaries, the spread of information about drugs on the Internet, especially in Darknet), the uncontrolled development of the cryptocurrency market. The definition of electronic proof in the Ukrainian legal system, as well as the forms and features of electronic proof are considered.

INTERNATIONAL LEGAL REGULATION OF THE NEW GROUPS OF RELATIONS CLASSIFIED BY TECHNOLOGICAL CRITERION

The purpose and objectives. The main goals are to identify gaps in international law on the regulation of new groups of relations, classified by technological criterion, justify and put forward methods and scenarios for filling the existing legal gaps, and to analyze Russian and US’s approaches to the international legal regulation of cyberspace. Methodological approach. The legal prognostic approach plays a key role in the work is the, general scientific methods and the comparative legal method, the method of interpreting legal norms and partially legal modeling are also applied. Results and conclusions. The article describes new groups of international legal relations, classified according to the criterion of technological and arising in the development of high technologies, as well as the phenomenon of international legal personality and the challenges that this group of relations poses to international legal regulation. Originality and value. The study is valuable in view of its relevance and originality. It focuses on gaining new knowledge about gaps in existing international legal acts and the fragmented state of the rules governing new groups of relations arising from the development of modern technologies. The article also identifies the features of the Russian and US’s approaches to the development of international legal regulation of cyberspace.