States In Cyberspace Research Articles

Cyberterrorism as a Contemporary Threat to the Security of the State and Society

The phenomenon of globalization, the development of technology, and the widespread use of the Internet have led to the creation of a digital space for information processing and exchange. Currently, it is used by various users, including public institutions, private companies, and individual users who have access to the network at home and on private electronic devices. Cyberspace protection has therefore become one of the main strategic goals in the security area of every states. Ensuring it depends mainly on the creation of effective mechanisms for preventing and combating threats on the Internet. The aim of this article is to present the issue of cyberterrorism as one of the main threats to the security of society and the state in cyberspace. With the development of the Internet, terrorists have new opportunities to act, regardless of where they are at any given time. Therefore, the article attempts to define the concept of cyberterrorism and the possible applications of this form of activity on the Internet. An important aspect has become the analysis of the benefits of using cyberspace for terrorist groups, including in terms of the radicalization of young people.

International Legal Principles for Establishing the Jurisdiction of States in Cyberspace

International Legal Principles for Establishing the Jurisdiction of States in Cyberspace

Теоретико-правовая интерпретация юрисдикции в киберпространстве в зарубежных исследованиях

One of the debatable topics in the theory of state and law is the territorial jurisdiction of the state in cyberspace, which gives rise to disputes among theorists and practitioners. In their opinions, foreign authors put forward opposite, sometimes mutually exclusive points of view, which indicate the multifaceted nature of the problem. In this regard, it became expedient to analyze the publications prepared on this topic and to identify the common and special in scientific views on determining the boundaries of jurisdiction in cyberspace.

The Effects Doctrine As a Basis for Jurisdiction of States in Cyberspace

An important feature of cyberspace is its cross-border nature, due to the absence of physical borders and the decentralization of infrastructure and users. Due to the fact that all transactions in cyberspace potentially cross state borders and have an impact on objects and entities in various states, the consequences of certain actions can be felt in many jurisdictions. At the same time, the traditional links between the offense and the State on the basis of territoriality, nationality or the need to protect fundamental national interests may be absent. In such cases, jurisdiction is proposed to be established on the basis of the doctrine of consequences. However, the objections of a number of States to such extraterritorial dissemination of foreign legislation and the uncertain nature of the consequences doctrine have raised questions about the conformity of the consequences doctrine with international law. Based on the analysis of international treaties, practices and positions of States and international organizations, scientific research and other doctrinal sources, the following conclusions were drawn. The doctrine of consequences is increasingly being recognized as a principle of establishing the jurisdiction of States through the formation of a rule of customary international law. However, objections to the application of this doctrine, especially in cases of establishing jurisdiction in criminal cases, continue to be expressed. The generally recognized conditions for the application of the consequences doctrine are as follows: a State enacting legislation based on the consequences doctrine must have an internationally acceptable interest in this; the consequences must be direct, predictable and significant; there must be no infringement of the legitimate interests of other States or foreign persons who do not have a significant connection with the State that claims to implement such jurisdiction. Other mechanisms should be considered to limit the scope of actions falling under the jurisdiction of the State: apply the principle of targeting, which requires an assessment of the actions that a person has taken in order to fall or not fall under the jurisdiction of the State; apply special liability measures related not to the imposition of sanctions on persons engaged in illegal behavior, but to the creation of obstacles to the implementation of such activities, for example, to block access to information that is illegal from the point of view of the State. A combination of such mechanisms could prevent undesirable activities in a more balanced way and not create unjustified risks for cyberspace actors.

Government Surveillance against the right to privacy in matters of Cyberspace in India

With the advancement in technology in the 21st century, surveillance technology has also become highly pervasive, this has increased the debates surrounding the right to privacy and government-mandated surveillance. This research paper seeks to examine the nature of the Indian surveillance state in Cyberspace which is permissible under the laws passed by the legislature and the agreements that have to be signed by the telecom and internet service providers in line with the right to privacy which has been recognized by the honourable Supreme Court, also discussing the historical developments which have led to this right. Lastly, the paper also discusses the factors that are responsible for the continuance of the surveillance legislation in matters of cyberspace.

THE STATE AS A SPECIAL SUBJECT OF CYBERSPACE

The publication is devoted to the status and place of the state in cyberspace. Issues of cyber sovereignty and cyber security of the state are being raised. The special capabilities of the state to regulate cyberspace at the legislative level are outlined. The problem of states abusing the opportunities of cyberspace for their own purposes and the issue of opposing such activities is considered separately. The problem of cyberspace at the international level is described, as well as the problems of international law in regulating this sphere.

CYBER OPERATIONS AND THE STATUS OF DUE DILIGENCE OBLIGATIONS IN INTERNATIONAL LAW

AbstractThis article adopts a critical approach towards scholarship seeking to identify binding due diligence obligations for States in cyberspace. The article demonstrates that due diligence obligations are anchored in specific primary rules and are not a universal standalone source from which it is possible to derive binding obligations for all areas of activity. The consensus position of States in United Nations fora clearly determines that due diligence in cyberspace is a voluntary, non-binding norm of responsible State behaviour, and there is currently insufficient State practice and opinio juris to support the development of a customary rule containing binding due diligence obligations in cyberspace. Consequently, the article concludes that attempts to establish binding due diligence obligations in cyberspace constitute lex ferenda that may be understood as an interventionist attempt by scholars to fill what they perceive to be dangerous legal gaps.

Separate problems of extraterritorial executive jurisdiction of States in cyberspace.

The emergence and active use of information and communication technologies, primarily the Internet, has led to the fact that States exercise such a type of extraterritorial executive jurisdiction as direct access to data stored on the territory of another State. The implementation of such actions is permissible in the case when the data is publicly available or access is carried out with the consent of the State. More controversial is the situation when the data is obtained with the legal and voluntary consent of a person who has the legal authority to disclose them. Indirect cross-border access to information carried out by sending a request to an information service provider obliging, according to national legislation, to disclose information about its subscribers, regardless of its actual location, can also be regarded as contrary to international law. In this regard, States continue to be guided by requests for international legal assistance, which does not contribute to the effective investigation of crimes related to the use of ICT and does not take into account the nature of electronic evidence. The deepening of international cooperation within regional associations leads to the risk of the formation of country clusters, within which there are necessary procedures for cooperation between participants, but which, in relation to other countries, are limited to "traditional" types of international cooperation that do not take into account the peculiarities of electronic evidence. Thus, it is necessary to develop common standards for remote access to data located on servers and devices located on the territory of a foreign state. Such documents should define procedures and rules for obtaining the consent of a person with authority for cross-border data disclosure, expand universal international cooperation, including by recognizing the possibility of sending direct requests for the provision of certain information about subscribers to information service providers, establish mechanisms for disclosure by information service providers of data under their control, but stored on servers, located on the territory of foreign states.

National Cybersecurity Strategy 2023

In the modern world, a country’s cyberspace plays a decisive role in ensuring national security. The last US Cybersecurity Strategy was released in 2018, and on March 2, 2023, the Biden administration released the New US National Cybersecurity Strategy. This document represents the detailed planned goals and objectives of the United States in cyberspace until 2030.

RUSSIA'S APPROACH TO CYBERSPACE

In recent years there have been important changes in the approach to conflict, leading to a paradigm shift in the future warfare. Cyberspace has become a serious challenge for all states. Being easy to connect and cheap to operate, it has become a preferred battlespace for many actors. It is used to disrupt networks, destroy and steal data, block or slow down critical infrastructure or spread false information. The development and innovation of military technologies and the professionalization of soldiers are not enough to fight in information warfare. Revising and improving old doctrines, and strategies is a clear form of supporting new techniques, tactics, and procedures of the Russian fight in cyberspace. The improvement of conventional tactics of warfare in conjunction with the introduction of new unconventional tactics of warfare has predictably led to the strengthening of internal, regional, and global security and resilience. The new vision of Russian warfare is that kinetic actions are supported by non-kinetic ones. As a result, Russia's cyber activity has recently intensified amid the invasion of Ukraine, putting the whole world on alert. Malicious activity in cyberspace is creating large-scale disruption in all areas. In this context, the activation of Article 5 for attacking a Member State in cyberspace is becoming increasingly discussed.

Practice of the Implementation Cyber Security and Financial Inclusion at the Micro-, Macro- and Global Levels of the Economy

Authors presented main aspects of cybersecurity in the current context of global challenges in terms of password protection Wi-Fi network, hacking detection, external cyber threats, complex mechanisms of hacking IT systems, cyberattacks that are complex and widespread. The opinion is expressed that one of the tendencies of development of cybersecurity of Ukraine is creation of the concept and introduction of technologies of Smart Information Systems. Main results achieved should be the ability to monitor, controllable, intelligent control of the decision-making system of digital asset management, which provides high reliability and high economic performance. Authors expressed the opinion that Enabling Financial and Digital Inclusion takes place through the implementation of the following chain type: “Financial identity – Secure electronic account – Ability to save, borrow, insure – Access to global economy”. In general, the future of finance in digital world, which involves the emergence of new qualities of financial literacy, is possible through the following vectors of development, namely: The finance factory, The role of Finance, Finance cycles, Self-service, Operating model, Finance applications and micro-services, Workforce and workplace. Main threats to national security are named, including the inconsistency of infrastructure and modern requirements; Insufficient efficiency and level of coordination of the security and defense sector of Ukraine. Pursuing the goal of successful implementation of the Cyber Security Strategy of Ukraine, it is proposed to move on to the following steps, namely: to follow the path of creating a national cybersecurity system; increasing the effectiveness of combating threats in the military sphere; cyber protection of state electronic information resources, as well as information infrastructure; protection of the interests of the citizen, society and the state in cyberspace. Authors presented a practical example of licensing DigitalLab by businesses to enhance cybersecurity through the use of DigitalLab-Light, DigitalLab-Express, DigitalLab-Standart, DigitelLab-PRO.

CYBER DIMENSION OF HYBRID WARS: ESCAPING A ‘GREY ZONE’ OF INTERNATIONAL LAW TO ADRESS ECONOMIC DAMAGES

The subject of the article is the international and national legal aspects of compensation for economic damages caused by cyber attacks. The purpose of the article is to contribute to the ongoing debate on attribution and liability for malicious and destructive cyber activity. Cyber attacks have become a global problem facing the international community, posing enormous risks to the stability of international security, economic and social development, and the safety and well-being of individuals. Cyber attacks have proven to be numerous problems for domestic and international law – international humanitarian law, human rights law, the law of armed conflict – how to counter the actions of hybrid warfare by legal means, what are the remedies for losses due to cyber attacks. This article examines cyber attacks to show how the international community is moving toward responsible behavior by states in cyberspace, protecting civilians and critical infrastructure. The article's methodology is based on doctrinal legal research in this area, as well as international legal instruments, in order to examine how economic damages should be paid to victims of malicious acts in cyberspace. The difficulty of attributing cyber attacks has been analyzed to show that perpetrators evade responsibility, a separate problem for international law. It is concluded that international law, as it currently stands, provides little legal basis for substantive guidance on responsible state behavior in cyberspace, the necessary levels of attribution to establish state or non-state responsibility for cyber attacks. Economic losses from cyber attacks can be covered by insurance schemes, although analysis has shown that they do not work because insurers argue that cyber attacks exclude military risk insurance clauses that exclude coverage, which is reasonable, although it leaves victims of cyber attacks without the ability to recover damages. The paper supplements current research with a comprehensive analysis of legal and economic issues and calls for the development of an appropriate strategic environment, legal and infrastructural framework. The need for a joint international framework is emphasized, as civil liability under national law is hardly possible because cyber attacks are predominantly transnational in nature. A joint structure is also needed to prevent, deter and respond to state-sponsored cyber attacks.

Rivalry between the United States of America and Russia in cyberspace

Authors analyze cyberspace, a product of the rapid development of information and communication technologies, and its role and importance for leading world powers. Nevertheless, to the undoubted advantages for modern society, cyberspace has certain negative aspects regarding the state functioning. The authors emphasize that there are certain threats in cyberspace and that they are becoming more numerous and sophisticated. In strategic and doctrinal documents of many countries they are among the greatest security challenges in the 21st century. The authors explainthat cyberspace is characterized by increasing militarization and the undoubted military presence of leading world powers such as the United States (U.S.) and Russia. Further, authors develop the argument that the growing dependence and use of information and communication technologies has caused, among other things, a change in the physiognomy of modern armed conflicts. The next part of the paper is dedicated to the conflict of states in cyberspace. In the final part of the article, authors give examples of incidents between the U.S. and Russia and analyze their capability for cyber warfare. The authors conclude that both considered world powers have respectable offensive and defensive capacities for cyber warfare.

ATTRIBUTION OF CYBERATTACKS AS A PREREQUISITE FOR ENSURING RESPONSIBLE BEHAVIOR IN CYBERSPACE

Growing impunity in cyberspace is cause by the lack of responsibility for the most serious cyberoperations that present a threat to both state and non-state actors. The only possible solution is to trace such cyberoperations to those who stand behind them. Since the seriousness of consequences increases in case of state-committed cyberattacks, the article deals with the issue of attribution of cyberattacks to states with the aim of ensuring responsible behavior of all states in cyberspace. The existing practice of public attribution and features of cyberoperations, as a rule, requires not only performing legal attribution, but also technical and public (political) attribution. Author thus starts with analyzing the current state of affairs – public attribution of cyberattack, its effectiveness and the role of private sector in attribution (decentralized attribution to support or deny government`s finding). The article also examines the customary basis for attributing state-related cyberattacks contained in the Articles on State Responsibility for Internationally Wrongful Acts and Tallinn Manual 2.0 on the Application of International Law to Cyberoperations. Although public attribution is, indeed, a step towards responsible behavior in cyberspace, legal attribution may contribute even more. In this article increased attention is paid to the test of effective control, which is used to attribute internationally wrongful acts to states committed by non-state actors acting under its control or direction. Finally, it concludes that global efforts are needed to ensure responsible behavior in cyberspace, especially in the context of international security. For this, states should get into partnership with private sector in performing attribution of cyberoperations and apply to international bodies, which have jurisdiction over state claims and are able to perform legal attribution for the purpose of establishing state responsibility. Only in this way it will be possible to guarantee responsible behavior of states in cyberspace, and create a common understanding and approach against cyberoperations committed by non-state cyber actors.

The Implication of Cyberspace Towards State Geopolitics

Massive technological advancements have influenced many dynamics of the nation's social, political, and economic changes. Geopolitical studies, as one of the studies that investigate the interaction between political dynamics and geography, are exposed to the implications of these technological developments. At the outset of its development, geopolitical studies discussed the state's strategies and policies for gaining influence in specific areas. Geopolitics is the study of a country's boundaries. The emergence of cyberspace, along with the advancement of technology, has implications for a country's geopolitical development. Geopolitical competition takes place not only in the physical realm, but also in cyberspace. The purpose of this article is to examine the shift in the geopolitical paradigm from physical to cyberspace. The authors examine how the existence of cyberspace can have a political impact, particularly geopolitical rivalries between countries, using geopolitics and cyberspace concepts. This scientific article investigates cyberspace phenomena and geopolitical studies using qualitative methods, particularly case study writing techniques. The author contends that geopolitics in cyberspace has no borders, based on the findings of this article's analysis. To avoid cyber conflicts, states must make cyberspace their political domain. Geopolitical rivalries between states in cyberspace can have real-world consequences. One of them is the use of technology to suppress other states' geopolitical policies. Because cyberspace is infinite, the state must develop governance so that the potential for cyber conflicts does not have physical consequences for the country's geopolitics. Given that almost all dynamics of state life have been integrated into information technology, the author concludes that cyberspace should be considered one of a state's geopolitical areas.

Current US experience in cyber security

The content and key aspects of the US Cyber Security Strategy are considered. The principles of the state cyber security policy of the USA are defined. Typical threats to the United States in cyberspace are outlined. The state priorities for strengthening the components of cyber defense in the United States are summarized. The issue of financing cyber security in the United States in 2021 is detailed. The principles of joint activities of American-Ukrainian relations in the field of cyber security are specified. The list of measures implemented in the United States to strengthen the state's capabilities in the field of cyber security has been identified.

Implementation of NATO standards in the training system for the Security Service of Ukraine

Incorporation of North Atlantic Alliance standards into domestic legislation, that governs relations in the security and defense sector is one of the key requirements for Ukraine to obtain a NATO Membership Action Plan and further deepen Euro-Atlantic integration with a view to acquiring Alliance membership. An Important condition for these tasks is the implementation of NATO standards and procedures in the legislation governing military education. In the process of standardizing and achieving the state of compatibility of the security and defense sector of Ukraine with the relevant NATO forces, the specificity of the application of standards in improving the system of training specialists for the Security Service of Ukraine should be highlighted separately. According to this development course, military education today includes formal and informal (general training) components, and the improvement of professional competence (special training). Professional training of military specialist according to NATO standards is carried out at the appropriate levels of management: operational, tactical, strategic. It remains compulsory for officers to have received a higher education in the relevant educational programs. Taking into account the specific nature of the professional activities of the members of the special service, the tasks assigned to them and the functions performed for that purpose, namely, countering intelligence and subversive activities, combating terrorism, counter-intelligence and defending national statehood, Ensuring the security of the State in cyberspace, etc., the training system for the Security Service may be differentiated according to its functional direction and institutionalized in the military education system or outside it. At the same time, an important basis for the development of the educational component in the Security Service of Ukraine will remain the recruitment of teaching staff from among persons with practical experience. Despite the format of the model chosen, training for the security forces should be based on NATO standards, with a conceptually new piece of legislation.

Covid-19 2.0. Derecho internacional y protección del derecho a la salud en el ciberespacio: una visión desde Ecuador

El objetivo de este artículo es explorar la oportunidad que presenta la crisis del Covid-19 en Ecuador para interpretar el Derecho internacional de los derechos humanos y el Derecho internacional humanitario de manera favorable a proteger el derecho a la salud y los sistemas de asistencia salud en el ciberespacio. A través de una metodología descriptiva que permite un análisis integral de la temática desde el punto de vista jurídico, el artículo sintetiza los principales debates internacionales sobre el alcance de la protección del derecho a la salud al amparo del Derecho internacional de los derechos humanos frente a amenazas cibernéticas; estudia la protección que brinda el Derecho internacional humanitario a los ciudadanos y a los sistemas de asistencia de salud; y examina la situación del Ecuador, como un país que se enfrenta a varios retos en la aplicación de las políticas para asegurar la protección del derecho a la salud y los sistemas de asistencia de salud. El artículo concluye que los desarrollos normativos en ambos sectores no han logrado establecer una protección aceptada y efectiva, con obligaciones claras para los Estados en el espacio cibernético para proteger a las personas y a los sistemas de asistencia de salud. Asimismo, señala que las lagunas del Derecho internacional respecto a la protección de la salud en el ciberespacio se agravan en Ecuador al producirse una disonancia discursiva entre política exterior y nacional, con un impacto en la protección del derecho a la salud.

Approaches to international information security and the discourse of cyberspace

This paper investigates the notion of sovereignty and territorial integrity of states in cyberspace by carefully examining the information security debate. Nowadays, issues related to infosec are posing fundamental challenges to the sovereignty and territorial integrity of nation-states. Our analysis has attempted to answer the critical question, which aspect makes infosec the most pressing issue of the 21st century? The United States, The Russian Federation, and China are the three technologically superior nations and are included in the study to compare their understanding of infosec issues. The authors have typically relied on their expertise to interpret primary and secondary data because of descriptive discourse. Moreover, the study is efficiently conducted through a deductive approach and has applied non-kineticism as a theoretical model. The results showed that due to the compelling non-kinetic application of infosec, the debate at international forums had become a victim of geopolitical considerations. Results also revealed that the discourse of infosec needs to be disassociated from social freedom as it has been adopted for military application and requires a national security perspective to confine the course of security implications. In abstract, the notion of infosec has given birth to new contestation in the domain of cyberspace that altogether would lead the competition into the ‘digital battlefield.’

The Problem of Shaping the Capacity of Sovereign Powers of a State in the Digital Age

The global architecture of computer networks poses a security dilemma: while modern information and communication technologies allow adversaries to challenge the exclusive power of states over “his own” cyberspace, following traditional notions of sovereignty, respectively, may limit the ability of states to actively counter challenges and threats in global networks. The aim of the study is to determine the possible scope of application of the traditional territorial concept of sovereignty to the activities of states in cyberspace. The article shows that regarding the activities of states and individuals in cyberspace, the scope of the principle of sovereignty is determined by the practical imperatives of states and depends on the sphere of interstate and cross-border interactions affected. Therefore, for example, for the purposes of warfare, there are three levels at which objects for destruction will be determined: physical network, logical network, network user. Other criteria are important for developers, operators and network analysts, and, according to a number of proposals, a global network can include up to seven levels (physical, data transfer, network, transport, session, data, applications). The article demonstrates that despite the exceptional nature of the powers and jurisdictions of the state in relation to the physical level of cyberspace, its logical and social levels are open to cross-border manifestations of the jurisdiction of other states on the basis of the proximity criterion. That is, for those cases when states can establish a real connection with digital objects or online personalities, and, accordingly, exercise authority.