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Essay from the year 2014 in the subject Law - IT law, grade: 1,0, , course: Public Privacy: Cyber security and Human Rights, language: English, abstract: The academic essay focuses on the connection between cybersecurity and human rights. It examines the interaction between the growing cybersecurity regime and international human rights norms, standards, and mechanisms within legal and political framework.

Code

Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig

Published: 2016-08-31

Total Pages: 378


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There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.
This book introduces Cyber Justice as a viable approach for promoting good governance based on human rights norms in the internet. The author defines cyberspace as a borderless public space without common rules or government control mechanisms that protect and foster people’s activities within that space. In light of the growing scope of communications and interactions in the internet, the author shows how human rights and governance regimes can be adapted to cyberspace in order to ensure more accountability, transparency and interaction among those who use the internet and those who manage and provide internet services. This book will be of interest for scholars and policymakers interested in establishing governance regimes for cyberspace that will enjoy the support and trust of all users.
This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.
The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.
We depend on information and information technology (IT) to make many of our day-to-day tasks easier and more convenient. Computers play key roles in transportation, health care, banking, and energy. Businesses use IT for payroll and accounting, inventory and sales, and research and development. Modern military forces use weapons that are increasingly coordinated through computer-based networks. Cybersecurity is vital to protecting all of these functions. Cyberspace is vulnerable to a broad spectrum of hackers, criminals, terrorists, and state actors. Working in cyberspace, these malevolent actors can steal money, intellectual property, or classified information; impersonate law-abiding parties for their own purposes; damage important data; or deny the availability of normally accessible services. Cybersecurity issues arise because of three factors taken together - the presence of malevolent actors in cyberspace, societal reliance on IT for many important functions, and the presence of vulnerabilities in IT systems. What steps can policy makers take to protect our government, businesses, and the public from those would take advantage of system vulnerabilities? At the Nexus of Cybersecurity and Public Policy offers a wealth of information on practical measures, technical and nontechnical challenges, and potential policy responses. According to this report, cybersecurity is a never-ending battle; threats will evolve as adversaries adopt new tools and techniques to compromise security. Cybersecurity is therefore an ongoing process that needs to evolve as new threats are identified. At the Nexus of Cybersecurity and Public Policy is a call for action to make cybersecurity a public safety priority. For a number of years, the cybersecurity issue has received increasing public attention; however, most policy focus has been on the short-term costs of improving systems. In its explanation of the fundamentals of cybersecurity and the discussion of potential policy responses, this book will be a resource for policy makers, cybersecurity and IT professionals, and anyone who wants to understand threats to cyberspace.
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.
The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect – human rights in the internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The internet itself, in view of its cross-border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals’ civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon. This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.
Information and communication technologies now play a big part in the daily personal and professional lives of us all. Cyberspace – the interconnected digital technology domain which underlies communications, transportation, state administration, finance, medicine and education – is part of all our lives. In the last decade, the digital revolution in the South Eastern European (SEE) countries has given more people there access to communication, education, and news than ever before, and we should not underestimate the power of these information and communication technologies. This book presents papers from the NATO Science for Peace and Security Advanced Training Course (ATC) Toward Effective Cyber Defense in Accordance With the Rules of Law, held in Ohrid, Republic of North Macedonia, in November 2019. The course focused on the SEE countries, where, in general, governments have paid appropriate attention to developing cyber defense capacities. In some cases, however, limitations in technological resources have restricted the capabilities of governments to respond to the ever-evolving challenges of defending the cyber domain. Laws and regulations differ from country to country, and the topics covered here were carefully chosen to cover issues in laws and regulations, cyber defense policies and their practical implementation. The series of papers presented in this book will provide a deeper understanding of these topics for scholars, associated professionals in the public and private sectors, and for a more general audience.