Cybersecurity and privacy law: protecting digital rights in the information age
Cybersecurity and privacy law: protecting digital rights in the information age
Author(s): Somayyeh SOLTANIBAHREHMANDSubject(s): Economy, Law, Constitution, Jurisprudence, International Law, ICT Information and Communications Technologies
Published by: Editura Pro Universitaria
Keywords: Cybersecurity Governance; International Law Ambiguities; Non-Traditional Legal Strategies; State Sovereignty Challenges; Multidimensional Approach to Digital Threats;
Summary/Abstract: As a result of differences between current international laws and the complexity of cybersecurity, there are serious governance challenges. Current regulations' uncertainties encourage nation states to interpret them differently, which justifies the difference in interpretation. An example is the disagreement over Article 51 of the UN Charter's right to self defense against cyberattacks where attribution is unclear. While efforts to create laws tailored to specific fields such as arms control and cyber humanitarian law advance, concerns remain regarding depending solely on conventional legal remedies. The complexity of contemporary risks, compounded by globalization and the worldwide reach of the internet, calls for investigating unconventional approaches. The recent trade tensions between the United States and China over allegations of cyber espionage serve as an example of how economic sanctions and diplomacy have emerged as alternative tools. However, these initiatives can be ineffective if bilateral agreements have weak enforcement and unclear parameters. Furthermore, traditional legal strategies focused on identifying and prosecuting specific offenders are undermined by the erosion of state sovereignty in a globalized world where transnational activities avoid national laws. In cyberspace, state agencies frequently fail to overcome concealment. A multifaceted strategy that combines updated legal frameworks with alternative tactics is essential to reduce evolving digital threats as cybersecurity becomes more global. The need to update governance models to reflect the modern, globally networked environment is examined in this article.
Journal: Revista Facultății de Drept Oradea
- Issue Year: 1/2024
- Issue No: 1
- Page Range: 148-159
- Page Count: 12
- Language: English
