Download Free Prospects For The Rule Of Law In Cyberspace Book in PDF and EPUB Free Download. You can read online Prospects For The Rule Of Law In Cyberspace and write the review.

"The application of international law and legal principles in cyberspace is a topic that has caused confusion, doubt, and interminable discussions between lawyers since the earliest days of the internationalization of the Internet. The still unresolved debate over whether cyberspace constitutes a fundamentally new domain that requires fundamentally new laws to govern it reveals basic ideological divides. On the one hand, the Euro-Atlantic community led by the United States believes, in broad terms, that activities in cyberspace require no new legislation, and existing legal obligations are sufficient. On the other, a large number of other states led by Russia and China believe that new international legal instruments are essential in order to govern information security overall, including those expressed through the evolving domain of cyberspace. Russia in particular argues that the challenges presented by cyberspace are too urgent to wait for customary law to develop as it has done in other domains; instead, urgent action is needed. This Letort Paper will provide an overview of moves toward establishing norms and the rule of law in cyberspace, and the potential for establishing further international norms of behavior"--Publisher's web site.
The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.
Early adopters of CYBERSPACE LAW: Cases and Materials were particularly pleased by how flexible, coherent, and practical the book is. Now strengthened and scrupulously updated for its Second Edition, this engaging casebook can help your students understand one of the most dynamic areas of law. Written and structured for maximum effectiveness, The book: can be used successfully in both introductory and advanced courses uses practical, classroom-tested "real world" problems to help students apply existing rules to cyberspace law features a flexible, logical organization that allows instructors to emphasize selected perspectives is designed for currency, with materials organized around competing approaches and theories for any given issue, rather than current leading cases presents current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge -- the only casebook to address both areas offers a balanced presentation of competing approaches and theories for each issue provides a sophisticated analysis of cutting-edge legal issues through an excellent selection of cases simplifies class preparation with an extremely thorough Teacher's Manual that includes discussions of cases, teaching suggestions, and analysis of the issues raised by the problems remains up-to-date with postings of new cases and important developments on the author website Look for these important changes in the Second Edition: ; New co-author Jacqueline Lipton, who brings significant teaching and writing experience in the areas of international and comparative law New and updated cases, including: Grokster, ACLU v. Ashcroft, U.S. v. American Library Association, Chamberlain v. Skylink, Lexmark v. Static Control Components, U.S. v. Elcomsoft, 321 Studios v. MGM Studios, Kremen v. Cohen, Blizzard v. Bnet, In re Verizon, Bosley v. Kremer, and People For The Ethical Treatment of Animals v. Doughney Treatment of important developments, such as political cybersquatting legislation enacted in some states (for example, California's Political Cyberfraud Abatement Act) and changes to privacy laws enacted following the Patriot Act Greatly expanded international coverage, including new international cases: ¿ Sony v. Stevens ¿ Telstra v. Desktop ¿ Gutnick v. Dow Jones Recent Canadian cases on Internet defamation issues Decisions from the European Court of Justice interpreting the database directive in 2004, including the appeal in British Horseracing Board v. William Hill Various developments between French and Californian courts in Yahoo litigation regarding Nazi memorabilia as well as domestic legislation implemented by all E.U. member states which complies with the requirements of the Copyright Directives New section on the failed effort at private self-governance sponsored by ICANN And The scholarship surrounding that effort Jurisdictional materials in the chapter on Regulating Cyberspace are consolidated for easier teaching and learning Updated problems and notes When you consider casebooks for your next course, be sure to examine CYBERSPACE LAW: Cases and Materials, Second Edition, The cohesive, realistic, and accessible alternative.
This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
China and Western countries have repeatedly portrayed each other as potential or actual adversaries in cyberspace. Yet, both sides ostensibly subscribe to an international consensus that cyber operations must be subjected to the rule of law. Against this background, the article examines five key aspects of the rule of law in cyberspace, which are ordinarily understood as areas of contention: (1) preferred method of identification and development of international law; (2) competing models of cyberspace governance; (3) application of sovereignty to cyberspace; (4) question of militarization of cyberspace; and (5) legality of cyber espionage. Our analysis demonstrates that it is inaccurate to view China and the West as sharply divided and competing camps. Rather, the emerging picture reveals a web of relationships and views that reflect an overall trajectory of convergence, even if modest in scope and velocity.
Just a sample of the contents ... contains over 2,800 total pages .... PROSPECTS FOR THE RULE OF LAW IN CYBERSPACE Cyberwarfare and Operational Art CYBER WARFARE GOVERNANCE: EVALUATION OF CURRENT INTERNATIONAL AGREEMENTS ON THE OFFENSIVE USE OF CYBER Cyber Attacks and the Legal Justification for an Armed Response UNTYING OUR HANDS: RECONSIDERING CYBER AS A SEPARATE INSTRUMENT OF NATIONAL POWER Effects-Based Operations in the Cyber Domain Recommendations for Model-Driven Paradigms for Integrated Approaches to Cyber Defense MILLENNIAL WARFARE IGNORING A REVOLUTION IN MILITARY AFFAIRS: THE NEED TO CREATE A SEPARATE BRANCH OF THE ARMED FORCES FOR CYBER WARFARE SPECIAL OPERATIONS AND CYBER WARFARE LESSONS FROM THE FRONT: A CASE STUDY OF RUSSIAN CYBER WARFARE ADAPTING UNCONVENTIONAL WARFARE DOCTRINE TO CYBERSPACE OPERATIONS: AN EXAMINATION OF HACKTIVIST BASED INSURGENCIES Addressing Human Factors Gaps in Cyber Defense Airpower History and the Cyber Force of the Future How Organization for the Cyber Domain Outpaced Strategic Thinking and Forgot the Lessons of the Past THE COMMAND OF THE TREND: SOCIAL MEDIA AS A WEAPON IN THE INFORMATION AGE SPYING FOR THE RIGHT REASONS: CONTESTED NORMS IN CYBERSPACE AIR FORCE CYBERWORX REPORT: REMODELING AIR FORCE CYBER COMMAND & CONTROL THE CYBER WAR: MAINTAINING AND CONTROLLING THE “KEY CYBER TERRAIN” OF THE CYBERSPACE DOMAIN WHEN NORMS FAIL: NORTH KOREA AND CYBER AS AN ELEMENT OF STATECRAFT AN ANTIFRAGILE APPROACH TO PREPARING FOR CYBER CONFLICT AIR FORCE CYBER MISSION ASSURANCE SOURCES OF MISSION UNCERTAINTY Concurrency Attacks and Defenses Cyber Workforce Retention Airpower Lessons for an Air Force Cyber-Power Targeting ¬Theory IS BRINGING BACK WARRANT OFFICERS THE ANSWER? A LOOK AT HOW THEY COULD WORK IN THE AIR FORCE CYBER OPERATIONS CAREER FIELD NEW TOOLS FOR A NEW TERRAIN AIR FORCE SUPPORT TO SPECIAL OPERATIONS IN THE CYBER ENVIRONMENT Learning to Mow Grass: IDF Adaptations to Hybrid Threats CHINA’S WAR BY OTHER MEANS: UNVEILING CHINA’S QUEST FOR INFORMATION DOMINANCE THE ISLAMIC STATE’S TACTICS IN SYRIA: ROLE OF SOCIAL MEDIA IN SHIFTING A PEACEFUL ARAB SPRING INTO TERRORISM NON-LETHAL WEAPONS: THE KEY TO A MORE AGGRESSIVE STRATEGY TO COMBAT TERRORISM THOUGHTS INVADE US: LEXICAL COGNITION AND CYBERSPACE The Cyber Threat to Military Just-In-Time Logistics: Risk Mitigation and the Return to Forward Basing PROSPECTS FOR THE RULE OF LAW IN CYBERSPACE Cyberwarfare and Operational Art CYBER WARFARE GOVERNANCE: EVALUATION OF CURRENT INTERNATIONAL AGREEMENTS ON THE OFFENSIVE USE OF CYBER Cyber Attacks and the Legal Justification for an Armed Response UNTYING OUR HANDS: RECONSIDERING CYBER AS A SEPARATE INSTRUMENT OF NATIONAL POWER Effects-Based Operations in the Cyber Domain Recommendations for Model-Driven Paradigms for Integrated Approaches to Cyber Defense MILLENNIAL WARFARE IGNORING A REVOLUTION IN MILITARY AFFAIRS: THE NEED TO CREATE A SEPARATE BRANCH OF THE ARMED FORCES FOR CYBER WARFARE SPECIAL OPERATIONS AND CYBER WARFARE LESSONS FROM THE FRONT: A CASE STUDY OF RUSSIAN CYBER WARFARE ADAPTING UNCONVENTIONAL WARFARE DOCTRINE TO CYBERSPACE OPERATIONS: AN EXAMINATION OF HACKTIVIST BASED INSURGENCIES Addressing Human Factors Gaps in Cyber Defense Airpower History and the Cyber Force of the Future How Organization for the Cyber Domain Outpaced Strategic Thinking and Forgot the Lessons of the Past THE COMMAND OF THE TREND: SOCIAL MEDIA AS A WEAPON IN THE INFORMATION AGE SPYING FOR THE RIGHT REASONS: CONTESTED NORMS IN CYBERSPACE AIR FORCE CYBERWORX REPORT: REMODELING AIR FORCE CYBER COMMAND & CONTROL THE CYBER WAR: MAINTAINING AND CONTROLLING THE “KEY CYBER TERRAIN” OF THE CYBERSPACE DOMAIN WHEN NORMS FAIL: NORTH KOREA AND CYBER AS AN ELEMENT OF STATECRAFT AN ANTIFRAGILE APPROACH TO PREPARING FOR CYBER CONFLICT AIR FORCE CYBER MISSION ASSURANCE SOURCES OF MISSION UNCERTAINTY Concurrency Attacks and Defenses Cyber Workforce Retention
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.
Reports on a new generation of Internet controls that establish a new normative terrain in which surveillance and censorship are routine. Internet filtering, censorship of Web content, and online surveillance are increasing in scale, scope, and sophistication around the world, in democratic countries as well as in authoritarian states. The first generation of Internet controls consisted largely of building firewalls at key Internet gateways; China's famous “Great Firewall of China” is one of the first national Internet filtering systems. Today the new tools for Internet controls that are emerging go beyond mere denial of information. These new techniques, which aim to normalize (or even legalize) Internet control, include targeted viruses and the strategically timed deployment of distributed denial-of-service (DDoS) attacks, surveillance at key points of the Internet's infrastructure, take-down notices, stringent terms of usage policies, and national information shaping strategies. Access Controlled reports on this new normative terrain. The book, a project from the OpenNet Initiative (ONI), a collaboration of the Citizen Lab at the University of Toronto's Munk Centre for International Studies, Harvard's Berkman Center for Internet and Society, and the SecDev Group, offers six substantial chapters that analyze Internet control in both Western and Eastern Europe and a section of shorter regional reports and country profiles drawn from material gathered by the ONI around the world through a combination of technical interrogation and field research methods.
This book provides a comprehensive and systematic review of China's rule of law on cybersecurity over the past 40 years, from which readers can have a comprehensive view of the development of China's cybersecurity legislation, supervision, and justice in the long course of 40 years. In particular, this book combines the development node of China's reform and opening up with the construction of the rule of law for cybersecurity, greatly expanding the vision of tracing the origin and pursuing the source, and also making the study of the rule of law for China's cybersecurity closer to the development facts of the technological approach.
“Blockchains will matter crucially; this book, beautifully and clearly written for a wide audience, powerfully demonstrates how.” —Lawrence Lessig “Attempts to do for blockchain what the likes of Lawrence Lessig and Tim Wu did for the Internet and cyberspace—explain how a new technology will upend the current legal and social order... Blockchain and the Law is not just a theoretical guide. It’s also a moral one.” —Fortune Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create “smart contracts,” to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. But by cutting out the middlemen, they run the risk of undermining governmental authorities’ ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking. “If you...don’t ‘get’ crypto, this is the book-length treatment for you.” —Tyler Cowen, Marginal Revolution “De Filippi and Wright stress that because blockchain is essentially autonomous, it is inflexible, which leaves it vulnerable, once it has been set in motion, to the sort of unforeseen consequences that laws and regulations are best able to address.” —James Ryerson, New York Times Book Review