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Article
Publication date: 11 September 2009

Mohammad Mahabubur Rahman, Mohammad Aktaruzzaman Khan, Nour Mohammad and Mohammad Osiur Rahman

The purpose of this paper is to focus on existing law, the legal system and jurisprudence circling round territorial concepts.

Abstract

Purpose

The purpose of this paper is to focus on existing law, the legal system and jurisprudence circling round territorial concepts.

Design/methodology/approach

This paper is an opinion piece based on current and recent analysis of legal principle.

Findings

After the emergence of the internet as well as cyberspace, human activities are not confined solely to the physical world. They have been extended to a very different and peculiar non‐physical world. This world is everywhere and at the same time it is nowhere; and necessarily it is difficult to prescribe rules and enforce the same regarding cyberspace for its everywhere and nowhere proposition. The elementary concept of jurisprudence e.g. title, ownership and possession, etc. cannot be considered in the way we usually understand in case of real world. However, cyberspace has to be controlled by a legal framework that involves new ideas, leading to a new challenge in existing legal philosophy exclusively based on territorial concept.

Originality/value

Traditional territorial jurisprudence has to be revised in the light of cyber necessities arising out of high technological development. Moreover, certain new institutions have to be established in order to apply new principles in dispute settlement of cyber matters. This paper both identifies the need and options for the future.

Details

International Journal of Law and Management, vol. 51 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 21 June 2011

Mohammad Mahabubur Rahman, Fariduddin Ahmed, Mohammad Osiur Rahman and Azizul Hoque

The purpose of this paper is to focus on how law, together with the internet, has created a new environment in the legal arena; and how the USA as a high‐tech nation relying upon…

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Abstract

Purpose

The purpose of this paper is to focus on how law, together with the internet, has created a new environment in the legal arena; and how the USA as a high‐tech nation relying upon previous territorial experience is making a new pathway for all the concerned persons and organizations to overcome the problems that have come out of cyber peculiarity.

Design/methodology/approach

This article is based on keen observation and intensive analysis of the US case laws and practices. This article concentrates on the study of the American cases as a representative type of hi‐tech nations for searching the influences of traditional territorial concept on the settlement of internet cases.

Findings

In spite of the inevitability of a distinct set of laws and legal principles to be adopted for cyber offences, the traditional territorial law can provide elements for cyber‐legal issues. As for being a pioneer hi‐tech nation, the US courts, whether federal or provincial, are very much inclined to decide the internet cases on the basis of territorial concept by applying the principles of traditional territorial notions.

Originality/value

The judges, lawyers, jurists, governments, public authorities, local authorities, statutory bodies and all other persons and institutes concerned from around the world shall find indications to chalk out the framework of solution for cyber disputes from the US practices.

Details

Journal of International Trade Law and Policy, vol. 10 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 27 April 2022

Noran Shafik Fouad

The education sector is increasingly targeted by malicious cyber incidents, resulting in huge financial losses, cancelation of classes and exams and large-scale breaches of…

Abstract

Purpose

The education sector is increasingly targeted by malicious cyber incidents, resulting in huge financial losses, cancelation of classes and exams and large-scale breaches of students’ and staff’s data. This paper aims to investigate education technology (EdTech) vendors’ responsibility for this cyber (in)security challenge, with a particular focus on EdTech in India as a case study.

Design/methodology/approach

Theoretically, building on the security economics literature, the paper establishes a link between the dynamics of the EdTech market and the education sector’s cyber insecurities and investigates the various economic barriers that stand in the way of improving EdTech vendors’ security practices. Empirically, the paper analyses publicly reported cyber incidents targeting the Indian education sector and EdTech companies in the past 10 years as published in newspapers, using the LexisNexis database. It also examines existing EdTech procurement challenges in India and elsewhere and develops a number of policy recommendations to address the misaligned incentives and information asymmetries between EdTech vendors and educational institutions.

Findings

Market forces alone cannot create sufficient incentives for EdTech vendors to prioritise security in product design. Considering the infant stage of the EdTech industry, the lack of evidence about the efficacy of EdTech tools, the fragmentation in the EdTech market and the peculiarities of educational institutions as end-users, a regulatorily and policy intervention is needed to secure education through procurement processes.

Originality/value

This paper introduces a novel exploration to the cybersecurity challenge in the education sector, an area of research and policy analysis that remains largely understudied. By adding a cybersecurity angle, the paper also contributes to the literature using a political economy approach in scrutinising EdTech.

Details

Digital Policy, Regulation and Governance, vol. 24 no. 3
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 19 October 2012

Dmitry Ivanov and Boris Sokolov

On modern markets, supply chains (SC) shape the competition landscape. At the same time, considerable research advancements have been recently achieved in the area of…

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Abstract

Purpose

On modern markets, supply chains (SC) shape the competition landscape. At the same time, considerable research advancements have been recently achieved in the area of collaborative networks. Trends in information technology progress for networked systems include development of cyber‐physical networks, cloud service environments, etc. The purpose of this paper is to identify an inter‐disciplinary perspective and modelling tools for new generation SCs which will be collaborative cyber‐physical networks.

Design/methodology/approach

This study addresses the above‐mentioned research goal by first, developing a methodical vision of an inter‐disciplinary modelling framework for SCM based on the existing studies on SC operations, control and systems theories; and second, by integrating elements of different structures with structures dynamics within an adaptive framework based upon the authors' own research.

Findings

The inter‐disciplinary modelling framework for multi‐structural SCs has been developed. A new inter‐disciplinary level of model‐based decision‐making support in those SCs is claimed based on the integration of previously isolated problems and modelling tools developed in such disciplines like operations research, control theory, system dynamics, and artificial intelligence.

Originality/value

The novelty of this paper is the consideration of SC modelling in the context of collaborative cyber‐physical systems. This topic is particularly relevant for researchers and practitioners who are interested in future generation SCs. Particular focus is directed towards the multi‐structural SC modelling, structure dynamics, and inter‐disciplinary problems and models in future SCs. Challenges of integrated optimization in the organizational and informational context are discussed.

Open Access
Article
Publication date: 4 January 2021

Sherin Kunhibava, Zakariya Mustapha, Aishath Muneeza, Auwal Adam Sa'ad and Mohammad Ershadul Karim

This paper aims to explore issues arising from ṣukūk (Islamic bonds) on blockchain, including Sharīʾah (Islamic law) and legal matters.

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Abstract

Purpose

This paper aims to explore issues arising from ṣukūk (Islamic bonds) on blockchain, including Sharīʾah (Islamic law) and legal matters.

Design/methodology/approach

A qualitative methodology is used in conducting this research where relevant literature on ṣukūk was reviewed. Through a doctrinal approach, the paper presents analyses on the practice of ṣukūk and ṣukūk on blockchain by discussing its legal, Sharīʾah and regulatory issues. This culminates in a conceptual analysis of blockchain ṣukūk and its peculiar challenges.

Findings

This paper reveals that digitizing ṣukūk issuance through blockchain remedies certain inefficiencies associated with ṣukūk transactions. Indeed, structuring ṣukūk on a blockchain platform can increase transparency of underlying ṣukūk assets and cash flows in addition to reducing costs and the number of intermediaries in ṣukūk transactions. The paper likewise brings to light legal, regulatory, Sharīʾah and cyber risks associated with ṣukūk on blockchain that confront investors, practitioners and regulators. This calls for deeper collaboration in research among Sharīʾah scholars, lawyers, regulators and information technology experts.

Research limitations/implications

As a pioneering subject, the paper notes the prospects of blockchain ṣukūk and the current dearth of literature on it. The paper would assist relevant Islamic capital market entities and authorities to determine the potential and impact of blockchain ṣukūk in their respective businesses and the financial system.

Practical implications

Blockchain ṣukūk will assist in addressing issues inherent in classical ṣukūk and in paving the way to innovative solutions that will facilitate and enhance the quality of ṣukūk transactions. For that, ṣukūk would require appropriate regulatory technology to address its governance and regulation peculiarities.

Originality/value

Integrating ṣukūk with blockchain technology will add value to it. The paper advances the idea that blockchain ṣukūk revolutionises ṣukūk and enhances its practice against known inadequacies.

Details

ISRA International Journal of Islamic Finance, vol. 13 no. 1
Type: Research Article
ISSN: 0128-1976

Keywords

Article
Publication date: 11 September 2017

Jon Randall Lindsay

The empirical record of cyberattacks features much computer crime, espionage and hacktivism, but none of the major damage feared in prevalent threat narratives. The purpose of…

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Abstract

Purpose

The empirical record of cyberattacks features much computer crime, espionage and hacktivism, but none of the major damage feared in prevalent threat narratives. The purpose of this article is to explain the absence of serious adverse consequences to date and the durability of this trend.

Design/methodology/approach

This paper combines concepts from international relations theory and new institutional economics to understand cyberspace as a complex global institution with contracts embodied in both software code and human practice. Constitutive inefficiencies (market and regulatory failure) and incomplete contracts (generative features and unintended flaws) create the vulnerabilities that hackers exploit. Cyber conflict is a form of cheating within the rules, rather than an anarchic struggle, more like an intelligence-counterintelligence contest than traditional war.

Findings

Cyber conflict is restrained by the collective sociotechnical constitution of cyberspace, where actors must cooperate to compete. Maintenance of common protocols and open access is a condition for the possibility of attack, and successful deceptive exploitation of these connections becomes more difficult in politically sensitive situations as defense and deterrence become more feasible. The distribution of cyber conflict is, thus, bounded vertically in severity but unbounded horizontally in the potential for creative exploitation.

Originality/value

Cyber conflict can be understood with familiar political economic concepts applied in fresh ways. This application provides counterintuitive insights at odds with prevalent threat narratives about the likelihood and magnitude of cyber conflict. It also highlights the important advantages of strong states over the weaker non-state actors widely thought to be empowered by cyberspace.

Details

Digital Policy, Regulation and Governance, vol. 19 no. 6
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 4 May 2020

Felipe Pathe Duarte

This paper aims to understand whether Portugal, being a relatively peripheral country – in political, economic and military terms – of Southwest Europe, was recently a target of…

Abstract

Purpose

This paper aims to understand whether Portugal, being a relatively peripheral country – in political, economic and military terms – of Southwest Europe, was recently a target of hybrid threats. The prevalence of a specific type of threat was found. Thus, this paper analyses the non-kinetic hybrid threats in Portugal, in a temporary hiatus of two years (2017-2018).

Design/methodology/approach

This study has two parts: a conceptual analysis of hybrid threats created by us and, based on the typology previously presented, an analysis of the hybrid threats in Portugal between 2017 and 2018. The first part relied on source analysis, as the result of a desk review methodology, supported by monographs, declassified official documents and reports. The second part is also the result of source analysis, but more extensive. In addition to the desk review methodology, the study included semi-structured interviews with different stakeholders from the Portuguese security and armed forces, who asked not to be quoted. Media content analysis was also carried out – for trends and fact-check – mostly for the events related to the “narratives led operations” (for propaganda, misinformation, counter-information and strategic leaks).

Findings

To date, Portugal – compared with other European states – has not been a significant target for hybrid threats. It is diluted in the Portuguese geopolitical dimension. Nevertheless, not escaping what is happening in Europe, it has also been the target of non-kinetic hybrid threats, especially in cyberspace. In the field of so-called “narrative-driven operations”, there have been some occurrences – whether related to fake news, far-right movements or strategic leaks. In addition, cyberattacks from foreign groups for information and data gathering have increased in recent years, making governmental and private critical infrastructures more vulnerable.

Research limitations/implications

One of the characteristics of hybrid threats is their difficult identification. Therefore, information is scarce, which has complicated the research, leading us to assume, in many cases, speculation about the threat. It should also be taken into account that, in the case of cyberspace, until 2018, 90% of the occurrences were not reported, and the study has dealt with only official numbers.

Originality/value

It is not a policy paper. Although it neither points out national vulnerabilities to this type of threat nor makes procedural recommendations or considerations, it is fundamental in identifying the peculiarity of hybrid threats in a democratic state.

Details

Transforming Government: People, Process and Policy, vol. 14 no. 3
Type: Research Article
ISSN: 1750-6166

Keywords

Article
Publication date: 14 March 2008

Yong Jin Park

The purpose of this study is to examine the congruence between policy supply and demand in Internet privacy as moderated by culture.

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Abstract

Purpose

The purpose of this study is to examine the congruence between policy supply and demand in Internet privacy as moderated by culture.

Design/methodology/approach

This study consists of the two parts. The first part qualitatively examines policy harmonization efforts among Asian‐Pacific nations. The second part, based on survey findings, quantitatively analyzes differences between the US and Korean college students in regulatory attitudes toward information privacy. The aim, drawing on regime theory as a departure, is to measure the policy genesis and its effectiveness in operation.

Findings

The findings are two‐fold. First, contrary to the expectations, the notions of online privacy rights among the Korean respondents are strongly formed, with the regulatory demands widely shared with the US participants. Second, however, there exists a gap between the beliefs of information privacy rights and daily practices – the duality far more magnified among the Korean respondents.

Practical implications

The results suggest the incongruence of the consensus between the two levels – of policymakers and of online users of different cultures.

Originality/value

While most studies focus on internet policy genesis alone, this paper measures the policy effectiveness in its consumption to capture the operation of cultural values in everyday practices. Policy implications and alternatives for developing nations are discussed in the specific context of Asian‐Pacific nations.

Details

info, vol. 10 no. 2
Type: Research Article
ISSN: 1463-6697

Keywords

Article
Publication date: 2 November 2020

Fabio Ramazzini Bechara and Samara Bueno Schuch

This study aims to define objectively what are the elements that should be considered in the repositioning of international cooperation, less under its value, which is…

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Abstract

Purpose

This study aims to define objectively what are the elements that should be considered in the repositioning of international cooperation, less under its value, which is unquestionable, but more under the optics of the procedure, how can it be operationalized. International cooperation goes beyond the regulatory effort, which, although an important step, is insufficient. It is inserted in an environment in which there is a multiplicity of forces and instances, non-converging and tensioned. At the same time, in the authors’ view, it is not about cooperation between states or between states and international organizations only, it must understand the private sector equally, which has the expressive property of the technologies used.

Design/methodology/approach

The study uses an interdisciplinary approach, and the method of analysis is the typothetical deductive.

Findings

Cybersecurity as a global and complex issue demands cooperation between nations, but also the private sector and civil society engagement. It also demands a good governance in the decision making process, more integrated, accurated and precised.

Originality/value

This study is original, and it represents a special concern and vision from professional and academic fields.

Details

Journal of Financial Crime, vol. 28 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Content available
Book part
Publication date: 7 May 2019

Abstract

Details

Politics and Technology in the Post-Truth Era
Type: Book
ISBN: 978-1-78756-984-3

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