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Journal articles on the topic 'Cyber sovereignty'
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1
Wu, Chien-Huei. "Sovereignty Fever: The Territorial Turn of Global Cyber Order." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 81, no. 3 (2021): 651–76. http://dx.doi.org/10.17104/0044-2348-2021-3-651.
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This paper argues that the utopia of a borderless and interconnected cyberspace loses its charm and the global cyber order is witnessing a territorial turn. The proliferation of the notion of cyber sovereignty and its variances is a symptom reflecting sovereign states' attempt to retain autonomy and control gradually eroded with the digitalisation of societies and economies. The sovereignty fever can be attributed to four reasons: political ambition, economic value, security concerns, and human rights. However, sovereignty is not the last word in debates concerning the future of digital society, for even liberal democracies have advanced ideas of technological or digital sovereignty, and data sovereignty, for their own very different purposes.
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Ro'is, Nur. "Cyber Sovereignty Gotong Royong, Indonesia’a Way of Dealing with the Challenges of Global Cyber Sovereignty." Pancasila and Law Review 3, no. 1 (June 29, 2022): 15–30. http://dx.doi.org/10.25041/plr.v3i1.2573.
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State sovereignty is born together with the independence of a country, as well as sovereignty in cyberspace. The state has sovereignty in cyberspace as in its territorial space so that it has jurisdictional authority, but in reality, there are unclear territorial boundaries in cyberspace. Indonesia today still has a dependence on foreign cyberinfrastructure, which causes a high level of cyber vulnerability and low cyber sovereignty resilience. Indonesia has local wisdom known as "Gotong Royong," this conception of local wisdom can be applied to face the global challenges of cyber sovereignty. This study also compares the resilience of Indonesia's cyber sovereignty with the People's Republic of China using a normative legal research methodology with a comparative law approach. Indonesia's limitations in maintaining its cyber sovereignty can be anticipated by using the concept of Gotong Royong cyber sovereignty, which is the implementation of the Universal People's Defense System as regulated in Law Number 3 of 2002 concerning National Defense. The implementation of Cyber Gotong Royong sovereignty involves all citizens, regions, and other national resources.
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Dilisen, Melike Melis. "Sovereignty Over Cyber Territories." International Journal of Interdisciplinary Civic and Political Studies 13, no. 2 (2018): 1–11. http://dx.doi.org/10.18848/2327-0071/cgp/v13i02/1-11.
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Zhu, Lixin, and Wei Chen. "Chinese Approach to International Law with Regard to Cyberspace Governance and Cyber Operation: From the Perspective of the Five Principles of Peaceful Co-existence." Baltic Yearbook of International Law Online 20, no. 1 (December 19, 2022): 187–208. http://dx.doi.org/10.1163/22115897_02001_010.
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Since sovereign States under international law are still the dominant force in coping with cyberspace threats and carrying out international governance of cyberspace, the Five Principles of Peaceful Coexistence, initiated by China, have their unique advantages in cyberspace application. In the process of constructing international norms of cyber security and cyber operation, it is necessary to develop their new significance. Firstly, cyberspace sovereignty is the extension of State sovereignty in cyberspace, so cyber sovereignty should be mutually respected. Secondly, each State should promise not to infringe, attack or destroy the cyberspace of another State, while each State bears the responsibility and enjoys the right to protect its cyberspace from threat, interference and destruction. Thirdly, cyberspace should not be utilised to interfere in the internal affairs or destabilise the political, economic and social order of other States, and the diversities of cyberspace policies in different States should be respected. Fourthly, all States should fulfil their duty on international cyberspace governance and enjoy cyber fruits together, thus enabling a democratic and transparent governance mechanism to be established. Lastly, cyberspace should be a peaceful, secure and open space, in which China is dedicated to strengthening cooperation with other countries, maintaining cyber security together, and building a shared future for humankind.
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Mikhalevich, Ekaterina A. "The Сoncept of Сyber Sovereignty of the People’s Republic of China: Development History and Essence." RUDN Journal of Political Science 23, no. 2 (December 15, 2021): 254–64. http://dx.doi.org/10.22363/2313-1438-2021-23-2-254-264.
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The transformation of cyber sovereignty into an independent concept is a recent phenomenon, and thus its development and distribution is currently underway, which indicates the relevance of studying this topic. Being one of the most influential actors of contemporary international politics, China uses the concept of cyber sovereignty to promote its national interests and is able to shape the rules in the highly volatile field of international cyberspace. The study is based on quantitative and qualitative content analysis of legal acts and concept of Chinas cyber sovereignty. The author defines a concept of cyber sovereignty and identifies its place in the system of international law and in the architecture of international information security. Chinas concept of cyber sovereignty does not imply the division of a common cyberspace into separate segments but contributes to the creation of a cyber community of a common destiny, in which states can exercise their rights to govern the Internet on the principles of equality, justice, cooperation, peace and rule of law. It is concluded that this concept can be used as the basis for the formation of an international legal framework that regulates relations between states in the field of cyberspace.
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Khanna, Pallavi. "STATE SOVEREIGNTY AND SELF-DEFENCE IN CYBERSPACE." BRICS Law Journal 5, no. 4 (December 15, 2018): 139–54. http://dx.doi.org/10.21684/2412-2343-2018-5-4-139-154.
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Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?
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Corn, Gary P., and Robert Taylor. "Sovereignty in the Age of Cyber." AJIL Unbound 111 (2017): 207–12. http://dx.doi.org/10.1017/aju.2017.57.
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International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to this domain. Chief among these is the question of the exact role that the principle of sovereignty plays in regulating states’ cyber activities.
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Isnarti, Rika. "A Comparison of Neorealism, Liberalism, and Constructivism in Analysing Cyber War." Andalas Journal of International Studies (AJIS) 5, no. 2 (November 1, 2016): 151. http://dx.doi.org/10.25077/ajis.5.2.151-165.2016.
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Cyberwar can be considered as one of phenomena in International Relations. However, recently, there are not many literature about International Relations theory talking about cyber war or cyberspace generally. The phenomena of cyberspace is matter to International Relations as it involved sovereignty, state interactions and other elements in International Relations theory. On the other hand, cyber space blurs many concept in International Relations such as sovereignty is borderless in the realms of cyber space. Therefore, this articles analyses three perspectives in International Relations in analyzing cyber war. It explains what cyber war in context of International Relations, how three theories in International Relations with their elements analyses actors and interaction in cyber space. Finally, it found that Neorealism is the most adequate theory among other two theories in analyzing cyber war.
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Wenhong, Xu. "Challenges to Cyber Sovereignty and Response Measures." World Economy and International Relations 64, no. 2 (2020): 89–99. http://dx.doi.org/10.20542/0131-2227-2020-64-2-89-99.
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O. Melnikova. "China's Experience in Protecting National Cyber Sovereignty." International Affairs 69, no. 001 (February 28, 2023): 89–102. http://dx.doi.org/10.21557/iaf.83567173.
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Corn, Gary P., and Robert Taylor. "Concluding Observations on Sovereignty in Cyberspace." AJIL Unbound 111 (2017): 282–83. http://dx.doi.org/10.1017/aju.2017.77.
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In Sovereignty in Cyberspace: Lex Lata Vel Non?, Michael Schmitt and Liis Vihul argue that territorial sovereignty is a primary rule of international law that limits cyber activities. They recognize, however, that not all cyber effects constitute violations of territorial sovereignty, and like Rule 4 in the Tallinn Manual 2.0 and its commentary, they acknowledge a distinct lack of consensus among the Tallinn participants on the critical question of applicable thresholds. Problematically, they do not identify the necessary state practice and opinio juris that would be required to establish either the primary rule that they proffer or the existence and contours of the exception they would recognize.
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Maria de Liguori Sakunab, Alfonsus, and Anggraeni Silvia. "Strategi Lebanon Dalam Meningkatkan Keamanan Ruang Siber." Jurnal Kajian Ilmiah 21, no. 2 (May 27, 2021): 195–208. http://dx.doi.org/10.31599/jki.v21i2.563.
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Cybersecurity has attracted attention in the study of international relations. This issue is important because most of life is connected to cyberspace. This research analyzes Lebanon's cybersecurity strategy in its official cybersecurity documents. The theoretical framework used in this study is the Three Perspective Theory of Cyber Sovereignty. The theory is explaining the division of layers in the context of sovereignty in cyberspace. The method used in this research is quantitative research obtained through the MAXQDA and GEPHI. The applications that are used in this research are to provide evidence of data in the Lebanese national strategy document. The results of this study indicate that the Lebanese security strategy documents tend to be exclusive. The Lebanese government is more dominant in discussing matters that are administrative, theoretical, principal, and planning.
Keywords: Cyber Security, Sovereignty, Strategy, Lebanon
Abstrak
cKeamanan siber merupakan salah satu isu yang menarik perhatian dalam studi hubungan internasional. Isu ini menjadi penting tatkala hampir sebagian besar unsur kehidupan terhubung ke ruang siber. Penelitian ini berupaya menganalisis strategi keamanan siber Lebanon dalam dokumen resmi kemananan sibernya. Kerangka teori yang digunakan dalam dalam penelitian ini menggunakan Three Perspective Theory of Cyber Sovereignity yang menjelaskan pembagian lapisan dalam konteks kedaulatan di ruang siber. Metode yang digunakan ialah metode penelitian kuantitatif yang diperoleh melalui aplikasi MAXQDA dan GEPHI untuk memberikan bukti data dalam menganalisis dokumen strategi keamanan nasional Lebanon. Hasil penelitian ini menunjukkan bahwa dokumen strategi keamanan siber Lebanon cenderung bersifat eksklusif. Pemerintah Lebanon lebih dominan membahas hal-hal yang bersifat administratif, teoretis, prinsipil dan perencanaan.
Kata kunci: Keamanan Siber, Kedaulatan, Strategi, Lebanon
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Rizal, Muhamad, and Yanyan Yani. "Cybersecurity Policy and Its Implementation in Indonesia." JAS (Journal of ASEAN Studies) 4, no. 1 (August 9, 2016): 61. http://dx.doi.org/10.21512/jas.v4i1.967.
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The purpose of state defense is to protect and to save the integrity of the Unitary State of the Republic of Indonesia, the sovereignty of the state, as well as its security from all kinds of threats, whether they are military or non-military ones. One of the non-military threats that potentially threatens the sovereignty and security of the nation-state is the misuse of technology and information in cyberspace. The threat of irresponsible cyber attacks can be initiated by both state and non-state actors. The actors may be an individual, a group of people, a faction, an organization, or even a country. Therefore, the government needs to anticipate cyber threats by formulating cyber security strategies and determining comprehensive steps to defend against cyber attacks; its types and the scale of counter-measures, as well as devising the rules of law.
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Gorian, Ella. ""Digital Nationalism" as the Embodiment of the Chinese Doctrine of the "Five Principles of Peaceful Coexistence"." Международное право и международные организации / International Law and International Organizations, no. 4 (April 2022): 82–97. http://dx.doi.org/10.7256/2454-0633.2022.4.39303.
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The article focuses on the special public international relations emerging among the subjects of public international law regarding the enforcement of state sovereignty in the conditions of digitalization of the economy and ensuring national interests in the field of security. The subject of the study is the Chinese doctrine of public international law. The author analyzes the legal regulations in the field of digital economy in China. The Chinese model of "digital nationalism" is being analyzed. The state sovereignty over the cyberspace is being embodied through the category of "cyber sovereignty" and the doctrine of "five principles of peaceful coexistence". The state has to implement the policy of "digital nationalism" to ensure its sovereignty. The Chinese theory of public international law is based on the doctrine of the peaceful existence of nations with different political, economic, social and cultural systems, based on a set of five fundamental principles, which facilitate the achievement of common goals while maintaining a balance of national interests. State sovereignty is the crucial point of this doctrine, since peaceful coexistence of nations is achieved through mutual respect for sovereignty. The concept of a "community of common destiny" defines the goal identified by China implementing the five principles of peaceful coexistence. The Chinese approach to the implementation of cyber sovereignty does not imply the "Balkanization" of global cyberspace, on the contrary, it is supposed to maintain the ground for the development of international legal norms in the field of information security. Therefore, the Chinese concept of cyber sovereignty, which is based on "digital nationalism", embodies the logical and expected reaction of national authorities to internal and external security threats. The Chinese theory of public international law is not a scholastic construct, but an objective reality.
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Barrinha, André, and G. Christou. "Speaking sovereignty: the EU in the cyber domain." European Security 31, no. 3 (July 3, 2022): 356–76. http://dx.doi.org/10.1080/09662839.2022.2102895.
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Shen, Yi. "Cyber Sovereignty and the Governance of Global Cyberspace." Chinese Political Science Review 1, no. 1 (March 2016): 81–93. http://dx.doi.org/10.1007/s41111-016-0002-6.
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Mueller, Milton L. "Against Sovereignty in Cyberspace." International Studies Review 22, no. 4 (September 20, 2019): 779–801. http://dx.doi.org/10.1093/isr/viz044.
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Abstract In discussing the historical origins of sovereignty, Jens Bartelson (2018, 510) wrote, “Making sense of sovereignty . . . entails making sense of its component terms—supreme authority and territory—and how these terms were forged together into a concept.” The question of sovereignty in cyberspace, however, inverts this historical “forging together,” as territoriality and authority are sundered in cyberspace. This paper argues that attempts to apply sovereignty to cyberspace governance are inappropriate to the domain. It develops a technically grounded definition of “cyberspace” and examines its characteristics as a distinct domain for action, conflict, and governance, while clarifying its relationship to territoriality. It reviews the literature on cyberspace and sovereignty since the early 1990s, showing the emergence of explicitly pro-sovereigntist ideas and practices in the last ten years. The cyber-sovereignty debate is linked to IR research on the historical emergence of sovereignty, demonstrating how technologies routinely change the basis of international order and challenging the presumption that territorial sovereignty is a stable and uniform principle of international organization that can be presumptively applied to the internet. The paper also links the conceptual debate over cyber-sovereignty to the real-world geopolitical struggle over the governance of the internet, showing how different conceptions of sovereignty serve the interests of different powers, notably the United States, Russia, and China. The paper explores the relevance of an alternative governance model for cyberspace based on the global commons concept. It refutes the arguments made against that model and then explains what difference it might make to governance if we conceive of cyberspace in that way.
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Duwi Wahyuni, Dhiah Ayu, Tri Legionosuko, and Sutrimo Sumarlan. "Cyber community empowerment policy as an effort to strengthen cyber defense." Strategi Perang Semesta 8, no. 1 (July 31, 2022): 103. http://dx.doi.org/10.56555/sps.v8i1.1196.
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The universal people's defense and security system is a defense system that involves all citizens, territories, and other national resources, prepared by the government early, implemented in a total, integrated, directed, sustainable and sustainable manner for the sake of upholding the sovereignty, and territorial integrity of the Unitary State of the Republic of Indonesia and its protection. The safety of the entire nation and from various threats. Its hoped that this principle will become a loyal basis for the formulation of defense policies in Indonesia, including those related to cyber community empowerment. From this research, it is concluded that there is a need for testing, demonstration, and evaluation which haves several main functions in policy analysis.
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Aulianisa, Sarah Safira, and Indirwan Indirwan. "Critical Review of the Urgency of Strengthening the Implementation of Cyber Security and Resilience in Indonesia." Lex Scientia Law Review 4, no. 1 (May 8, 2020): 33–48. http://dx.doi.org/10.15294/lesrev.v4i1.38197.
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The development of information technology in cyberspace is unavoidable. which followed by the vulnerability of threats and attacks on data and information traffic that can threaten the country's sovereignty. One of the ways that can be done is to strengthen Indonesia's cyber infrastructure and institutions. The purpose of this legal research is to find out the urgency of regulating cyber security and resilience in Indonesia and its challenges and obstacles, also to conduct a comparative study in several countries. This research is a normative legal research with qualitative descriptive analysis. The results of the study indicate that arrangements regarding cyber security and resilience are very important and must be enacted immediately. The inability of the current regulations has the potential to threaten the country's sovereignty. Thus, it is necessary to establish a law as lex specialist in dealing with threats and cyberspace attacks in order to create certainty and legal justice.
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Miroshnichenko, Olga I., and Darya S. Proscurina. "STATE SOVEREIGNTY: DIFFERENTIATION OF THE CATEGORY IN CYBER REALITIES." Азиатско-Тихоокеанский регион: экономика, политика, право, no. 3 (2018): 9–20. http://dx.doi.org/10.24866/1813-3274/2018-3/9-20.
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Zubko, O. M. "CYBER SOVEREIGNTY AS A NEW CATEGORY IN ADMINISTRATIVE LAW." Kyiv Law Journal, no. 4 (2021): 190–94. http://dx.doi.org/10.32782/klj/2021.4.28.
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Schmitt, Michael N., and Liis Vihul. "Sovereignty in Cyberspace: Lex Lata Vel Non?" AJIL Unbound 111 (2017): 213–18. http://dx.doi.org/10.1017/aju.2017.55.
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Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is generally employed in its broadest sense, one that signifies freedom from external control and influence. For instance, when Western states raise the issue of human rights in cyberspace, those on the opposite side of the negotiating table fall back on sovereignty-based arguments. Mention of sovereignty in consensus documents is consequently often the price that liberal democracies pay to advance their policy priorities, such as individual freedoms and the availability of self-help measures in response to hostile cyber operations.
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Pinko, Eyal. "Maritime Cyber Threats and Challenges." National security and the future 20, no. 1-2 (January 9, 2020): 63–70. http://dx.doi.org/10.37458/nstf.20.1-2.7.
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The maritime trade becomes crucial for countries' economy, security and sovereignty. Side by side to the growth of shipping, the vessels themselves and the sea-ports become more and more sophisticated, advanced and controlled by computerized and automated systems. Most of the maritime industry companies (from sea ports to shipping companies) are not ready and protected enough against cyber-attacks. Furthermore, there are no world regulation for the maritime industry yet, although the IMO (International Maritime Organization) is working on regulation that will fit the maritime industry, focusing on vessels. The IMO regulation is expecting to be implemented during 2021.
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Muawwan, Muawwan. "Three Perspective Theory of Cyber Sovereignty dalam Strategi Keamanan Siber Singapura." Jurnal Kajian Ilmiah 21, no. 2 (May 27, 2021): 171–84. http://dx.doi.org/10.31599/jki.v21i2.562.
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The escalation of cyber threats in Singapore has prompted the country to intensify its cyberspace security protection. Singapore then implemented numerous strategies by collaborating across agencies and actors to obtain a protective cyberspace security system. This research aimed at figuring out Singapore Cyber Security Strategy (SCSS) documents comprehensively throughout textual analysis based on qualitative approach of an emerging-dominant elements in documents such as actor, instrument, politic, economy, research, and collaboration which were cooperated within actors. The author also fulfilled this analysis using qualitative approach to measure the data relation and the big picture of SCSS documents. Finally, the author found that Singapore’s strategy in applications and infrasctructure aspects, the government intervened them intensively. Singapore, one of the highest technological expertise countries in Southeast Asia, was fuflnerable getting the threats or attacks. So, this country was regulating an excellent cyber system and infrastructure to proctect their cyber management system secure. Meanwhile, Singapore’s policy in core aspects was a transfer due to the fact that Singapore was multi-ethnical and multi-culturalism country. Thus, Singapore’s strategy for ideological aspects was not regulated significantly in SCSS documents.
Keywords: Cyber Security Strategy, Data Relation, Sovereignty
Abstrak
Eskalasi ancaman terhadap ruang siber yang terjadi di Singapura telah mendorong negara tersebut untuk meningkatkan proteksi keamanan ruang sibernya. Singapura kemudian menerapkan berbagai strategi dengan cara menjalin kerjasama lintas instansi dan aktor untuk memperoleh sistem keamanan ruang siber yang lebih protektif. Tulisan ini bermaksud untuk memahami dokumen Singapore Cyber Security Strategy (SCSS) secara komprehensif dengan melakukan analisis kontekstual berdasarkan pendekatan kualitatif terhadap sejumlah unsur yang dominan muncul di dalam dokumen seperti aktor, instrument, politik, ekonomi, penelitian, dan kolaborasi yang dibangun di antara para aktor. Penulis juga melengkapi analisis ini dengan pendekatan kuantitatif untuk mengukur relasi data dan kecenderungan yang tergambar dari dokumen SCSS tersebut. Hasilnya, penulis menemukan bahwa pada level strategi di sektor application dan infrastruktur, pemerintah Singapura memiliki intervensi penuh dalam mengatur seluruh aktivitas di kedua aspek tersebut. Sebagai salah satu negara yang cukup signifikan di dalam pengelolaan teknologinya di kawasan Asia Tenggara, maka Singapura secara eksklusif berupaya membangun sistem dan infrastruktur siber yang mumpuni untuk melindungi tata kelola ruang siber mereka dari berbagai ancaman. Berbeda pada aspek core yang bersifat lebih terbuka (transfer) lantaran banyak dipengaruhi oleh multietnis dan multikulturalisme. Sehingga proteksi terhadap hal-hal yang bersifat ideologis tidak banyak diatur di dalam dokumen SCSS.
Kata kunci: Kedaulatan, Relasi Data, Strategi Keamanan Siber
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Hummel, Patrik, Matthias Braun, Max Tretter, and Peter Dabrock. "Data sovereignty: A review." Big Data & Society 8, no. 1 (January 2021): 205395172098201. http://dx.doi.org/10.1177/2053951720982012.
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New data-driven technologies yield benefits and potentials, but also confront different agents and stakeholders with challenges in retaining control over their data. Our goal in this study is to arrive at a clear picture of what is meant by data sovereignty in such problem settings. To this end, we review 341 publications and analyze the frequency of different notions such as data sovereignty, digital sovereignty, and cyber sovereignty. We go on to map agents they concern, in which context they appear, and which values they allude to. While our sample reveals a considerable degree of divergence and an occasional lack of clarity about intended meanings of data sovereignty, we propose a conceptual grid to systematize different dimensions and connotations. Each of them relates in some way to meaningful control, ownership, and other claims to data articulated by a variety of agents ranging from individuals to countries. Data sovereignty alludes to a nuanced mixture of normative concepts such as inclusive deliberation and recognition of the fundamental rights of data subjects.
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Hong, Yu, and G. Thomas Goodnight. "How to think about cyber sovereignty: the case of China." Chinese Journal of Communication 13, no. 1 (November 12, 2019): 8–26. http://dx.doi.org/10.1080/17544750.2019.1687536.
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Cuihong, Cai. "Global Cyber Governance: China’s Contribution and Approach." China Quarterly of International Strategic Studies 04, no. 01 (January 2018): 55–76. http://dx.doi.org/10.1142/s2377740018500069.
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With the world’s largest number of netizens, China has been engaged in the ever more intense global competition for cyber governance over the past decade. Based on some preliminary studies, this article discusses China’s position, approach and contribution to global cyber governance, as well as the understanding gap on major issues between China and developed countries in the cyber arena. In the past decade, China has made significant contributions to the reform of global cyber governance utilizing a “patch-work” approach, and it will try to play a more active role as a constructive participant in global cyber governance while enhancing its own cyber capacity. Unlike many developed countries that advocate “Internet freedom,” China will continue to uphold the principle of cyber sovereignty. Yet in the meantime, China will try to work with other countries to build a “Community of Shared Future in Cyberspace,” in order to promote freedom, democracy and transparency in cyberspace in an incremental, stable and reasonable way.
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Devine, Andrew. "Contesting the Digital World Order." Politikon: The IAPSS Journal of Political Science 42 (September 16, 2019): 61–79. http://dx.doi.org/10.22151/politikon.42.3.
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This article aims to understand China’s national role conceptions and strategy within the context of the World Internet Conference (WIC). The Chinese government uses this conference to promote its model of internet governance known as cyber sovereignty. The foreign policy behaviour of China (role performance) as well as role prescriptions from the US are also analysed. A novel approach based on frame analysis is taken to uncover China’s national role conceptions. The related frames in this article are then categorized into national roles. China performs four national roles as part of its strategy to reshape international internet governance norms: developer, global village member, global leader, and law-abiding citizen. This article concludes that the national roles in the WIC are aimed at developing and emerging countries in order to increase China’s power and win gradual support for the cyber sovereignty model.
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ŠARF, PIKA. "LEGALITY OF LOW-INTENSITY CYBER OPERATIONS UNDER INTERNATIONAL LAW." CONTEMPORARY MILITARY CHALLENGES, VOLUME 2017 ISSUE 19/3 (September 15, 2017): 81–93. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.19.3.5.
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Povzetek Namen tega prispevka je obravnava mednarodnopravne ureditve nizkointenzivnih kibernetskih operacij. Čeprav mednarodna skupnost soglaša, da mednarodno pravo ureja ravnanje držav v kibernetskem prostoru, ni popolnoma jasno, kako se veljavna pravila mednarodnega prava uporabljajo v kibernetskem kontekstu. Večina pravnih strokovnjakov in strokovnjakov za nacionalno varnost ter vojaških strategov se je osredotočila na kibernetske operacije, ki dosegajo prag oboroženega spopada ali uporabe sile, vendar pa je le nekaj kibernetskih operacij v preteklosti ta prag tudi v resnici doseglo. Kibernetske operacije nižje intenzivnosti prevladujejo v kibernetskih odnosih med državami. Pri analizi skladnosti nizkointenzivnih kibernetskih napadov z veljavnimi pravili mednarodnega prava, zlasti z načelom ozemeljske suverenosti in načelom nevmešavanja, se članek opira na ugotovitve mednarodne skupine strokovnjakov, ki je pripravila t. i. Talinski priročnik uporabnega prava za področje kibernetskih operacij, in na mnenja drugih priznanih pravnih strokovnjakov. Ključne besede: kibernetska operacija, mednarodno pravo, načelo ozemeljske suverenosti, načelo neintervencije. Abstract The purpose of this article is to discuss the international law regulation of low-intensity cyber operations. Although the international community agrees that international law governs the conduct of states in cyberspace, it is not entirely clear how the existing norms of international law apply in the cyber context. The majority of legal scholars, as well as national security experts and military strategists, have focused on cyber operations that reach the threshold of either armed attack or use of force; however, few cyber operations in the past have actually risen to that level. Cyber operations of lower intensity prevail in state cyber interactions. While analyzing the accordance of low-intensity cyber operations with the existing norms of international law, in particular with the principle of state sovereignty and non-intervention, the article leans on the findings of the International Group of Experts which developed the Tallinn Manual on International Law Applicable to Cyber Operations, and writings of other recognized legal scholars. Key words: cyber operation, international law, principle of territorial sovereignty, principle of non-intervention.
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Oktaviani, Putri Bilqis, and Anggraeni Silvia. "Strategi Keamanan Siber Malaysia." Jurnal Kajian Ilmiah 21, no. 1 (January 15, 2021): 69–84. http://dx.doi.org/10.31599/jki.v21i1.447.
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This research discusses the analysis of security strategy policies made by the Malaysian government in the protection and development of Malaysian cyberspace. This research will explain in detail the strategy of developing challenges as well as the aspects that support the Malaysian cyber space to be saved by the Malaysian cyber space. This research will further discuss the Malaysian security strategy through the official document of the Malaysian security strategy which will later be analyzed through the MAXQDA and GEPHI applications in order to classify the various categories that support it. This research will use the security concept published by Hao Yeli in Three - Perspective Theory of Cyber Sovereignty to classify ideas and data. This research finds that the security of the Malaysian system needs to be developed from both capacity and capability so that the government needs to work together with various related parties
Keywords: Cyber Security, Cybersecurity Challenges, Soveignty
Abstrak
Penelitian ini membahas tentang analisis kebijakan strategi keamanan siber yang dibuat oleh pemerintah Malaysia dalam perlindungan dan pengembangan keamanan ruang siber Malaysia. Penelitian ini akan menjelaskan secara details strategi, tantangan serta aspek – aspek yang mendukung pengembangan ruang siber Malaysia guna mengamankan ruang siber Malaysia. Penelitian ini akan membahas lebih jauh strategi keamanan Malaysia melalui dokumen resmi strategi keamanan siber Malaysia yang nantinya akan di bedah melalui aplikasi MAXQDA dan GEPHI guna mengklasifikasikan berbagai kategori yang mendukung. Penelitian ini akan menggunakan konsep keamanan yang dipublikasikan oleh Hao Yeli dalam A Three – Perspective Theory of Cyber Sovereignty guna mengkasifikasikan gagasan dan data dengan menggunakan metode penelitian kuantitatif. Penelitian ini menemukan bahwa keamanan siber Malaysia perlu dikembangkan baik dari kapasitas maupun kapabilitas sehingga pemerintah Malasyaia perlu bekerjasama dengan berbagai pihak yang terkait.
Kata kunci: Cyber Security, Tantangan Keamanan Cyber, Kedaulatan
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Hasan, Krida Eva Setyawan. "Perlunya Tentara Nasional Indonesia Memiliki Angkatan Siber Guna Menghadapi Era Cyber warfare." Journal of Education, Humaniora and Social Sciences (JEHSS) 5, no. 1 (July 31, 2022): 264–74. http://dx.doi.org/10.34007/jehss.v5i1.1192.
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This article aims to identify and explain the need for the Indonesian National Armed Forces (TNI) to form a cyber force, given the increasingly rapid development of technology. The problem in this article is focused on the threat of cyber crime, especially for state sovereignty and the emphasis that at this time Indonesia needs the Indonesian National Armed Forces (TNI) for cyber forces to protect and eradicate cyber crime in Indonesia. This article uses the literature study method by taking references from various trusted sources and related articles. The results of the study show that currently cyber war is in sight, in the sense that every country must be prepared for this. For example, espionage carried out by other countries against Indonesia certainly threatens Indonesia's security. Therefore, it is necessary to establish a fourth dimension, namely the cyber army or the Cyber Force TNI for the creation of maximum and equitable national defense and security. As with various countries that already have a special military force for cyber, Indonesia must also immediately realize it.
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Putra, Tommy Mandala, I. Wayan Midhio, and Deni D.A.R. "The Challenges of Civil-Military Cooperation in The Face of Cyber Threats in Indonesia." International Journal of Research and Innovation in Social Science 06, no. 02 (2022): 471–74. http://dx.doi.org/10.47772/ijriss.2022.6221.
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Non-military threats in the era of globalization are so complex, cybercrime is a threat that must be considered by all groups, including the government, military and society. The existence of cyber threats requires strengthening civil-military cooperation to deal with them. In this research, the writer wants to knowwhat are the challenges ahead for civil-military cooperation in dealing with cyber threats in Indonesia. Methods of data collection using literature review. The results of the research are cyber threats at the civilian level. The government has regulated matters relating to activities in cyberspace through laws and regulations. At the military level, cyber defense has been established to deal with cyber threats. It can be said that civil-military cooperation has been carried out by using their respective powers. And another form of cooperation is civilians supporting the military in defending the country’s sovereignty and participating in various threats.
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Hojda, Mihaela Hortensia. "Information security economics: cyber security threats." Proceedings of the International Conference on Business Excellence 16, no. 1 (August 1, 2022): 584–92. http://dx.doi.org/10.2478/picbe-2022-0056.
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Abstract This article takes into consideration cyber security economics to understand whether cyber security and economics is a partnership among equals or any of these two disciplines have the upper hand. Cyber security economics is more than just computer science, security studies and economics in a holistic way, it is a dynamic cross disciplinary matter involving psychology, forensic, sociology, etc. The argument is that there is no clear definition of cybersecurity, apart from a set of protocols that are highly technical, and when it comes to cyber security economics Gordon-Loeb model provides a good picture on the general image over the industry, yet, much more is ignored, as the costs of a cyber security attack to succeed is huge, save the hidden costs and other externalities. Apart from regulation establishing a common ground, information security economics is an under researched field of interest, especially as digital sovereignty act is about to be voted for, together with common rules Information security.
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Mitchell, Andrew D., and Theodore Samlidis. "Cloud services and government digital sovereignty in Australia and beyond." International Journal of Law and Information Technology 29, no. 4 (December 1, 2021): 364–94. http://dx.doi.org/10.1093/ijlit/eaac003.
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Abstract The Australian government has expressed concerns about various ‘data challenges’ confronting the public sector. Similar concerns are reverberating throughout the globe. Other governments continue to voice and act upon their own apprehensions about the threats posed to public and private society by attenuations to their nations’ ‘digital sovereignty’. This article critically examines the Australian government’s potential justifications, particularly under international trade law, for introducing digital sovereignty policies explicitly targeted at protecting government cyber systems and government data. We explore the risks and vulnerabilities of hosting government data offshore or with foreign cloud providers onshore. We find that Australia has sufficient latitude under its existing trade commitments, and within its current procurement framework, to introduce legitimate and proportionate digital sovereignty measures for the public sector.
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Terry, Patrick C. R. "“Don't Do as I Do”—The US Response to Russian and Chinese Cyber Espionage and Public International Law." German Law Journal 19, no. 3 (June 1, 2018): 613–26. http://dx.doi.org/10.1017/s207183220002280x.
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The Russian government is accused of hacking emails circulating among senior members of Hilary Clinton's campaign team to support President Trump's election in 2016. This was not the first time the United States was the target of massive cyber espionage: The Chinese government is believed to have gained sensitive information on 22.1 million US government employees through “cyber intrusions” in 2014. This Article will examine whether cyber espionage of this kind is unlawful under public international law and will conclude that it is. Specifically, such espionage can result in a violation of territorial sovereignty and will likely violate the principle of non-intervention in the internal affairs of other States. Yet, based on the controversial “clean-hands-doctrine,” past US actions in the realms of cyber espionage and intervention may well invalidate any claims it asserts against Russia or China.
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Yurievich, Mamychev Alexey, Zolochevskaya Elena Yurievna, Miroshnichenko Olga Igorevna, Yevtushenko Sergey Aleksandrovich, and Kerimov Oleg Yuryevich. "National Sovereignty: Socio-Political Transformation in Context of Modern Cyber Realities." Journal of Politics and Law 12, no. 3 (July 10, 2019): 11. http://dx.doi.org/10.5539/jpl.v12n3p11.
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The key idea of the study is the question of the relationship between such categories as “national sovereignty” and “cyberspace”. The authors consider that the current theory of law and positive legal regulation at the present stage do not offer reasonable options for interaction and coexistence of these concepts.
In the conditions of the dramatic changes in the existing realities over the past 30 years, the question arises of the differentiation of legal regulation, which is still more intended to the social relations that existed in the 20th century. Today technical progress is significantly ahead of social, in particular, legal regulation, which, in turn, is seriously tied to the state or, as any law student confirms, “territorial organization of power in a society with sovereignty...”. And here the main question arises about the reasonableness of the above formulation. Is it suitable for existing realities? Or is it itself an obstacle to legalization? The article analyzes various approaches to the legal settlement of relations in cyberspace, as well as offers two options for supranational regulation of these legal relations - through the development and establishment of an extraterritorial international body that will have not only the ability to control public relations within cyberspace, but also special instruments of coercion to influence the citizens of any state, either through the creation of a global system of international acts that will regulate most of the existing questions about the interaction of persons in cyberspace and included a clear mechanism to respond quickly to the emergence of new relations in this sphere.
The authors also consider that the inability at theoretical level to conceptualize the relationship between these categories could lead to the discrediting of such notions as “national state” and “national sovereignty” in the future.
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Wicaksana Prakasa, Satria Unggul, and Noviandi Nur P.E. "ANALYSIST OF CYBER ESPIONAGE IN INTERNATIONAL LAW AND INDONESIAN LAW." Humanities & Social Sciences Reviews 7, no. 3 (April 2, 2019): 38–44. http://dx.doi.org/10.18510/hssr.2019.736.
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Purpose of Study: A conception of cyber espionage today is extremely vulnerable since the crime has evolved from conventional wiretapping into cyber-based spy activities. This issue becomes complicated when faced with the principle of sovereignty and how the challenge of countries around the world to respond in maintaining the honor, security, and peace of their own countries. The legal issues raised in this legal research are: (1) cyber espionage is one kind of cybercrime (2) Legal mechanisms to crack down on the international legal system and national law again Cyber espionage crime.
Methodology: Research methods used statute approach and conceptual approach.
Results: The result of this research showed that it could use computing devices and internet network by means of spies, destroying computer system in order to securely obtain state confidential data or by spreading internet virus which is sporadic to government-owned domains and corporation it is clear that cyber espionage id either part of the cybercrime.
Implications/Applications: The lack of legal regulation, both international and national which directly refers to cyber espionage because they alluded to illegal access and illegal interception related only.
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Silvia, Anggraeni, and Adi Muhajirin. "Strategi Keamanan Siber Nasional Qatar." Jurnal Keamanan Nasional 7, no. 1 (August 13, 2021): 1–22. http://dx.doi.org/10.31599/jkn.v7i1.477.
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Along with the development of technology, cyber threats that occur in modern countries has been switched from traditional to non-traditional. That development of technology bears the advancement of science and bring a variety of the interstate. Currently, the country prioritizes in social, economic, law, security, defense and other aspect to Information and Communication Technology. Increasing the cyber threat of Qatar, the governance draws up National Cyber Security Strategy (NCSS) with the aim of building and maintaining a safe cyberspace for protecting national interest and preserves fundamental rights and Qatar’s community value. Collectively this aim gives protection and preparing cyber threats with proactive approach. This paper aims to deeply understand Qatar National Cyber Security Strategic by conducting a qualitative analysis of the context of document through the concept of sovereignty approach, nation and contained aspects. The description of aspects that can be seen from the data security relationship, technology development, policies, capabilities, strategic approaches, cyber threats and challenges. Qatar pays special attention to cybersecurity and protection of its vital national information infrastructure as dependence on Information and Communication Technology (ICT) and the internet grows in the country.
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Caranto Morford, Ashley, and Jeffrey Ansloos. "Indigenous sovereignty in digital territory: a qualitative study on land-based relations with #NativeTwitter." AlterNative: An International Journal of Indigenous Peoples 17, no. 2 (June 2021): 293–305. http://dx.doi.org/10.1177/11771801211019097.
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Technology scholars have often framed cyberspace as landless. Critical technology and Indigenous new media scholars have critiqued this approach, citing the land-based nature of Internet infrastructure. This study seeks to further develop the conceptual framework of Indigenous land-based relations through qualitative analysis of Indigenous language revitalization networks within Twitter. Using a thematic analysis approach, six key themes emerged: (a) Land-based cyber-pedagogy, (b) Rematriations of land-based relations in digital environments, (c) Digital bridges to homelands and lifeways, (d) Networked cultural navigation, (e) Settler colonialism in cyberspace, and (f) Indigenous digital sovereignty and cyber-justice. Implications for theory and practice in both new media studies and language revitalization are considered, with a focus on elucidating the land-based nature of the Internet, Indigenous people’s navigation of colonialism within the Internet, and the meaning of anti-colonial resistance in cyberspace.
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Gupta, Shubh, and Reeta Sony. "Quest of Data Colonialism and Cyber Sovereignty: India’s Strategic Position in Cyberspace." Legal Issues in the Digital Age 2, no. 2 (July 27, 2021): 70–81. http://dx.doi.org/10.17323/2713-2749.2021.2.68.81.
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The dawn of the neocolonial project has seen the emergence of a new space: data. Data is a raw material that can be stitched, processed and marketed in the same way as the East India Company (EIC) used to do with India’s cotton. EIC, which started as one of the world’s first joint-stock companies, turned into a wild beast, building a corporate lobby with the help of lawyers and MP shareholders to amend legislation in its favor. The EIC became a particularly atrocious and innovative colonial project that directly or indirectly controlled continents, thanks to an army larger than the army of any nation-state at the time. The Drain Theory of Dadabhai Naroji have opened India’s eyes to how the EIC was taking raw material from the country and converting it into a finished product that was marketed in India again in the same way as raw data is being processed outside India and then marketed here today. In today’s digital era, big corporations need not own big armies, as companies are protected by nation-states and bailed out when required. Today, one does not need to travel overseas to explore and conquer Gold, God and Glory; instead, they are a click away. The neocolonial project runs on digital platforms, while the popular narrative of bridging the digital divide and giving internet access to millions of people resembles the idea of the “white savior” liberating the “noble savage” through modern Western education. Facebook’s grand plan of providing free internet to all can be best understood as a neocolonial strategy to mine the data of billions by equating it with water and land. Similarly, the Cambridge Analytica scandal provides an example of how neocolonial forces can influence the fundamental democratic process of electing a government. Therefore, nations endorsing democratic values should be especially wary of the trap of neocolonialist forces, as such nations are particularly vulnerable to their project. This paper critically study the cyber security infrastructure and policies in India and analyze the India’s approach towards cyber sovereignty and data colonialism and thereafter examine the India’s strategic position in cyberspace and suggest policy recommendations.
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Menshikov, Р., and L. Mikhina. "THE SYSTEM OF COUNTERING INFORMATION SECURITY THREATS OF THE PEOPLEJS REPUBLIC OF CHINA." TRANSBAIKAL STATE UNIVERSITY JOURNAL 28, no. 1 (2022): 124–39. http://dx.doi.org/10.21209/2227-9245-2022-28-1-124-139.
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There can be no state sovereignty without information sovereignty. The Chinese Government understands this well and during the COVID-19 pandemic, when the whole world “went online”，adopted several laws designed to regulate the country's information policy in the media sphere. At the time of writing, China has a new legislation in the field of information security. The most crucial laws in information and cyber sphere are the Law “On Data Security”，“On Personal Data Protection”，and the Law “On Cyberspace”，the first two of which are developed to supplement and improve the application of the Law “On Cybersecurity” adopted in 2017. However, the adoption of these laws entailed a number of problems for Chinese tech-goliaths and caused a wave of international criticism. This article examines the key provisions of the new set of China's legal framework in the field of information security and analyzes the prospects for its further development. Materials and methods. Formal legal methods of analyzing Chinese legislation in the in formation and cyber spheres are involved, scientific and general scientific methods of cognition of the specifics of China's national legislation in the field of ensuring the protection of national and information security and state sovereignty are usedin this paper. Results of the study. The new information legislation of China traces the same vector of state policy aimed at protecting national sovereignty by ensuring a data security system regulated by the Chinese Government and their localization on the territory of the country. China considers the data accumulated by private companies as a national asset, the use of which should be carried out or restricted in accordance with Chinese laws. However, most of the law needs to supplement and expand some terms due to the threat of legal uncertainty and the creation of a legal vacuum for manipulation
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Joshua, Ayobamidele. "An Assessment of International Law on the Use of Cyber-Espionage as a Substitute for Traditional Spying." European Journal of Law and Political Science 1, no. 4 (September 20, 2022): 1–8. http://dx.doi.org/10.24018/ejpolitics.2022.1.4.21.
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Traditionally spying is an integral part of war, economic, and political sabotage among other things. In a bid to curb the incessant act of traditional spying which involves the act of physically and clandestinely crossing over to the countries where spying is to be carried out, various international conventions/instruments covering the act of traditional spying are of the moment. These include; the Hague Regulation of 1907, Vienna Convention of 1961, Geneva Conventions, United Nations Charter among others. In the same vein, Countries have enacted domestic laws to prevent the traditional spying/ clandestine acts within their territorial sovereignty. However, the 21st-century development in the field of technology and its use for a wind range of activities which include cyber espionage have questioned the effectiveness and relevance of international conventions and domestic laws on cyber espionage. It is against this backdrop that this article embarks on the assessment of the conventions/instruments and domestic laws on cyber espionage. Precisely, it examines the assessment of countries’ espionage laws and their relevance to cyber espionage among countries, the assessment of international law and its relevance to cyber espionage, the assessment of customary international law on cyber espionage, and recommendations. Accordingly, it concludes that a holistic assessment of cyber espionage reveals that the applicability of extant international law to it like traditional spying is uncertain.1.
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Spáčil, Jakub. "Plea of Necessity: Legal Key to Protection against Unattributable Cyber Operations." Masaryk University Journal of Law and Technology 16, no. 2 (September 30, 2022): 215–39. http://dx.doi.org/10.5817/mujlt2022-2-4.
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Cyber operations represent one of the main security threats today. The number of cyber operations attacking critical infrastructure is increasing year by year and states are looking for means to defend against this threat. However, the origin of hostile cyber operations is often located in the territory of another state, and attacked states must therefore grapple with the question of international law in their search for an effective defence mechanism. If states wish to defend themselves actively, the sovereignty of another state may be infringed, and such an infringement must be justified by an instrument of international law. These instruments of international law are retorsion, countermeasures, self-defence and plea of necessity. Application of plea of necessity, unlike the other alternatives mentioned, is not premised on the attributability of the cyber operation to the state, and it is precisely the attribution of cyber operation that poses one of the main problems of taking legal defensive measures. The article is divided into two parts. The first part is devoted to the relationship between retorsion, countermeasures, self-defence and plea of necessity. The second part discusses the conditions for the application of plea of necessity in the cyber context. The text takes into account the available state practice, in particular the national positions on the application of plea of necessity in the cyber context published in the last three years.
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Basdeo, Vinesh M., Moses Montesh, and Bernard Khotso Lekubu. "SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE." Journal of Law, Society and Development 1, no. 1 (September 1, 2014): 48–67. http://dx.doi.org/10.25159/2520-9515/874.
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Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.
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Kasper, Agnes, Anna-Maria Osula, and Anna Molnár. "EU cybersecurity and cyber diplomacy." IDP Revista de Internet Derecho y Política, no. 34 (December 13, 2021): 1–15. http://dx.doi.org/10.7238/idp.v0i34.387469.
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Over the last decades cybersecurity has become a cornerstone of European digital development. Alongside with the diffusion of information and communication technologies and the deepening (as well as widening) of the European Union, the initial narrow and sectoral data security policies have expanded into a comprehensive cybersecurity framework addressing issues from resilient infrastructure and technological sovereignty, through tackling cybercrime, to cyber defence capabilities and responsible state behaviour in cyberspace. In this complex web of interrelated policies a relative newcomer at the European Union (EU) level is cyber diplomacy. Sometimes also called public diplomacy 2.0, it factors into the cross-border connectivity of cyberspace and reflects a shift in international relations where the lines between external and internal policies, military and civilian domains are blurred. However, the term cyber diplomacy is fluid and it is not well understood which topics should be under its “umbrella”, in particular in relation to cybersecurity, where it seems to be linked the most. This article aims to map existing and proposed instruments that make up the EU’s arsenal in this broad context to answer the following questions: what is cyber diplomacy and how is it related to the EU cybersecurity? Is cyber diplomacy in the EU becoming something in its own right as a distinct set of tools to secure the EU policy objectives?
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Henriksen, Anders. "Lawful State Responses to Low-Level Cyber-Attacks." Nordic Journal of International Law 84, no. 2 (June 1, 2015): 323–51. http://dx.doi.org/10.1163/15718107-08402008.
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The article discusses the sources of international law that may justify a state to respond to harmful interferences in cyberspace that occur outside times of armed conflict and that are not sufficiently serious to merit a rersort to self-defence under the un Charter. The focus is primarily aimed at the more immediate measures a targeted state may adopt in order to bring on-going harmful cyber-activities to a halt. The article opens with a discussion of the application of the traditional principles of sovereignty to activities in cyberspace and subsequently analyses how the principles of countermeasures may be applied to various forms of harmful cyber-incidents that fall below the threshold for triggering a right to self-defence. The article also examines the extent to which a plea of necessity may be invoked in order to justify the use of immediate defensive measures against cyber-attacks that may have an effect on other states.
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Spector, Phil. "In Defense of Sovereignty, in the Wake of Tallinn 2.0." AJIL Unbound 111 (2017): 219–23. http://dx.doi.org/10.1017/aju.2017.56.
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One of the gentle surprises of the release of the Tallinn 2.0 Manual is that it has prompted a rich debate over the nature of sovereignty in international law. In hindsight, this should not be too surprising. The modern, Westphalian project of international law is built in large measure around the state and its borders. The emergence of a technology that so readily defies those borders was bound to kick up some interpretive dust. And it appears to have done even more than that. Depending on your perspective, the Tallinn translation of international law to the cyber domain has either forced a reconsideration or surfaced a latent dispute over whether sovereignty is a binding rule of international law at all.
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Zeng, Jinghan, Tim Stevens, and Yaru Chen. "China's Solution to Global Cyber Governance: Unpacking the Domestic Discourse of “Internet Sovereignty”." Politics & Policy 45, no. 3 (June 2017): 432–64. http://dx.doi.org/10.1111/polp.12202.
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Douhan, Alena F. "Adapting the Human Rights System to the Cyber Age." Max Planck Yearbook of United Nations Law Online 23, no. 1 (December 3, 2020): 249–89. http://dx.doi.org/10.1163/18757413_023001009.
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Cyber technologies have changed all spheres of contemporary life at both the national and international levels. At the same time, legal regulation in the sphere stays far beyond technical developments. As a result, an enormous number of new terms and concepts have been invented in the area. It is maintained sometimes that the changes are so drastic that the very notion of sovereignty is outdated and the individual becomes a key actor of international relations. Consequently, there is a clear need to assess the impact of cyber technologies on the enjoyment of human rights. Due to the absence of proper legal regulation, the necessity or possibility to state the emergence of the new ‘fourth’ generation of human rights on the Internet is already discussed. The present article focuses on the status of different categories of human rights in the digitalized world. It concludes that the development of cyber technologies may hardly cause the emergence of a new generation of human rights but rather results in the need to adapt the whole system of the existing human rights to the emerging reality.
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Ghappour, Ahmed. "Tallinn, Hacking, and Customary International Law." AJIL Unbound 111 (2017): 224–28. http://dx.doi.org/10.1017/aju.2017.59.
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Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws—a question that will likely be the focus of international lawyers in this area for some time to come.