Search results
1 – 10 of over 5000Mohammad 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
Keywords
Kosmas Pipyros, Lilian Mitrou, Dimitris Gritzalis and Theodoros Apostolopoulos
The increasing number of cyber attacks has transformed the “cyberspace” into a “battlefield”, bringing out “cyber warfare” as the “fifth dimension of war” and emphasizing the…
Abstract
Purpose
The increasing number of cyber attacks has transformed the “cyberspace” into a “battlefield”, bringing out “cyber warfare” as the “fifth dimension of war” and emphasizing the States’ need to effectively protect themselves against these attacks. The existing legal framework seem inadequate to deal effectively with cyber operations and, from a strictly legal standpoint, it indicates that addressing cyber attacks does not fall within the jurisdiction of just one legal branch. This is mainly because of the fact that the concept of cyber warfare itself is open to many different interpretations, ranging from cyber operations performed by the States within the context of armed conflict, under International Humanitarian Law, to illicit activities of all kinds performed by non-State actors including cybercriminals and terrorist groups. The paper initially presents major cyber-attack incidents and their impact on the States. On this basis, it examines the existing legal framework at the European and international levels. Furthermore, it approaches “cyber warfare” from the perspective of international law and focuses on two major issues relating to cyber operations, i.e. “jurisdiction” and “attribution”. The multi-layered process of attribution in combination with a variety of jurisdictional bases in international law makes the successful tackling of cyber attacks difficult. The paper aims to identify technical, legal and, last but not least, political difficulties and emphasize the complexity in applying international law rules in cyber operations.
Design/methodology/approach
The paper focuses on the globalization of the “cyber warfare phenomenon” by observing its evolutionary process from the early stages of its appearance until today. It examines the scope, duration and intensity of major cyber-attacks throughout the years in relation to the reactions of the States that were the victims. Having this as the base of discussion, it expands further by exemplifying “cyber warfare” from the perspective of the existing European and International legal framework. The main aim of this part is to identify and analyze major obstacles that arise, for instance in terms of “jurisdiction” and “attribution” in applying international law rules to “cyber warfare”.
Findings
The absence of a widely accepted legal framework to regulate jurisdictional issues of cyber warfare and the technical difficulties in identifying, with absolute certainty, the perpetrators of an attack, make the successful tackling of cyber attacks difficult.
Originality/value
The paper fulfills the need to identify difficulties in applying international law rules in cyber warfare and constitutes the basis for the creation of a method that will attempt to categorize and rank cyber operations in terms of their intensity and seriousness.
Details
Keywords
Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.
Abstract
Purpose
Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.
Design/methodology/approach
International efforts to combat cyber‐crime are reviewed by evaluating the forms of mutual legal assistance (MLA) now in place.
Findings
Cyber‐crime is often traditional crime (e.g. fraud, identify theft, child pornography) albeit executed swiftly and to vast numbers of potential victims, as well as unauthorised access, damage and interference to computer systems. Most detrimental are malicious and exploit codes that interrupt computer operations on a global scale and along with other cyber‐crimes threaten e‐commerce. The cross‐national nature of most computer‐related crimes have rendered many time‐honoured methods of policing both domestically and in cross‐border situations ineffective even in advanced nations, while the “digital divide” provides “safe havens” for cyber‐criminals. In response to the threat of cyber‐crime there is an urgent need to reform methods of MLA and to develop trans‐national policing capability.
Practical implications
The international response is briefly outlined in the context of the United Nations (UN) Transnational Organised Crime Convention (in force from September 2003) and the Council of Europe's innovative Cyber‐crime Convention (in force from July 2004). In addition, the role of the UN, Interpol, other institutions and bi‐lateral, regional and other efforts aimed a creating a seamless web of enforcement against cyber‐criminals are described.
Originality/value
The potential for potent global enforcement mechanisms are discussed.
Details
Keywords
Violence against women and girls is globally prevalent. Overcoming it is a prerequisite for attaining gender equality and achieving sustainable development. The United Nation's…
Abstract
Violence against women and girls is globally prevalent. Overcoming it is a prerequisite for attaining gender equality and achieving sustainable development. The United Nation's 2030 Agenda for Sustainable Development considers technology as a means to combat violence against women and girls, and there is ample evidence on the positive impact of technology in combating violence. At the same time, however, technology can promote and perpetrate new forms of violence. Research shows that more than 70% of women and girls online are exposed to forms of cyber violence. Most of these cases remain unreported.
This chapter argues that technology contributes to increasing cyber violence against women and girls which in turn leads to severe social and economic implications affecting them. It also argues that legislative and policy reforms can limit this type of violence while enabling women and girls to leverage technology for empowerment. It highlights cases of cyber violence in the Arab region and provides an overview of applicable legislative frameworks. The chapter concludes with recommended policy reforms and measures to strengthen and harmonize efforts to combat cyber violence against women and girls in the Arab region.
Details
Keywords
The development of technologies for the conduct of cyber operations represents an opportunity for states to defend their interests in international relations but also bears risks…
Abstract
Purpose
The development of technologies for the conduct of cyber operations represents an opportunity for states to defend their interests in international relations but also bears risks and challenges. Since the early 2000s, the United Nations “group of governmental experts (GGE) on developments in the field of information and telecommunications in the context of international security” debates on this issue. This paper aims to investigate how states are challenged in the development of international cyber norms and where capacity to act is idle, i.e. to assess how much has been reached in the international community’s debate on cyber threats and malicious behaviors in the international security context and to identify directions to move GGE work further.
Design/methodology/approach
The methodology uses an extensive text-based desk research and relies on a thorough collection, analysis and interpretation of the United Nations (UNs) documents. When specific substantial topics are addressed in the GGE, the content of the debate was confronted with issue-specific academic literature on those matters.
Findings
The results highlight that the GGE managed to gather consensus on a number of cooperation and normative measures in this politically highly sensitive topic and more deliverables are expected during this and next year. The paper identifies a weakness in terms of operational implementation though. The paper proposes a few examples of concrete headways that could complement existing consensus, especially on the implementation side.
Originality/value
Because of its political sensitivity, the GGE has worked with discretion and has attracted little academic attention. This paper is an original and timely attempt to assess the achievements and possible outlook of this endeavor of the international community, including the incipient work of a recently established open-ended working group. It also attempts to connect the subject matter discussed in the UN with related academic literature, including in respect of definitional and conceptual issues.
Details
Keywords
The transformation of the United Arab Emirates (UAE) into an important global economic player has been accompanied by digitalization that has also left it at a risk to cybercrime…
Abstract
Purpose
The transformation of the United Arab Emirates (UAE) into an important global economic player has been accompanied by digitalization that has also left it at a risk to cybercrime. Concurrent with the rise in technology use, the UAE fast became one of the most targeted countries in the world. The purpose of this paper is to discuss how the UAE has tried to cope with accelerating levels of cyber threat using legislative and regulatory efforts as well as public- and private-sector initiatives meant to raise cybersecurity awareness.
Design/methodology/approach
The paper surveys the UAE’s cybersecurity legislative, regulatory and educational initiatives from 2003 to 2019.
Findings
Because the human factor still remains the number one reason for security breaches, robust cyber laws alone are not enough to protect against cyber threats. Building public awareness and educating internet users about cyber risks and safety have become essential components of the UAE's efforts in building a more secure cyber environment for the country.
Research limitations/implications
The paper relies on English-language translations of primary sources (laws) originally in Arabic, as well as English-language studies from local media. This should not be considered a problem, as English is established as the language of business and commerce in the UAE.
Practical implications
The paper provides a detailed overview of the country’s cybersecurity environment to guide and aide practitioners with risk assessment and legal and regulatory compliance.
Originality/value
The paper presents a comprehensive overview of the UAE’s cybersecurity legislative, regulatory and educational environment. It also surveys government and private sector initiatives directed in protecting the country’s cyberspace.
Details
Keywords
This paper aims to manage the dilemma of cyberspace operations, as the incidence of cybercrimes has increased tremendously in the past few decades, turning cyberspace into a field…
Abstract
Purpose
This paper aims to manage the dilemma of cyberspace operations, as the incidence of cybercrimes has increased tremendously in the past few decades, turning cyberspace into a field of war in which all nations must fight. For many countries, cyberattacks and conflicts, and even the basic operation of cyberspace in general, are new territories. Furthermore, international law today does not address many aspects of cyber warfare, as it typically has dealt with only traditional warfare.
Design/methodology/approach
This study examined this crime whether it is a domestic or an international crime and whether cyber wars are under international law or domestic law to address these issues.
Findings
Although many attempts to criminalize these actions occurred, the findings suggest that the world has failed to frame the legal instruments against cyberattacks. The findings also suggest recommendations to solve this issue.
Originality/value
To the best of the author’s knowledge, this study analyzed the comparison between the same crime in the perspective of domestic and international law, highlighting an unsolved dilemma in the world, suggesting some unprecedented solutions to solve.
Details
Keywords
Kuldeep Singh Kaswan, Jagjit Singh Dhatterwal, Sanjay Kumar and Sandeep Lal
Purpose: A cyber insurance policy’s purpose is to help in the recovering of a person or corporation following a cyber breach and to compensate for civil suit expenses stemming…
Abstract
Purpose: A cyber insurance policy’s purpose is to help in the recovering of a person or corporation following a cyber breach and to compensate for civil suit expenses stemming from first- and third-party responsibility claims.
Methodology: The usage of cybersecurity spending has forecast a variety of security categories using F&S projection methodology. Each of these is suited to the end-user organisations of in-scope security mechanisms, as well as the particular market circumstances. Critical national infrastructure (CNI), immigration control, big events, first responding, executive branch, infrastructure, and transportation security are among the worldwide forecast categories. This segmentation is further subdivided into 16 subsegments, each with its own security forecasting system. F&S protection marketplaces are anticipated using a bottom-up technique for each nation, which adds up to worldwide market penetration. This covers 177 nations spread throughout seven zones.
Findings: The cybersecurity insurer industry was valued at USD 7.36 billion in 2020 and is predicted to be worth USD 27.83 billion by 2026, growing at a compound annual growth rate (CAGR) of 24.30% during the forecast time frame (2021–2026). The expanding use of digitalisation innovations such as the cloud, big data, mobile computing, internet of things (IoT), and artificial intelligence (AI) across more lines of employment and society, as well as improved connectivity, have enhanced the burden of already overburdened information technology (IT) staff.
Practical implications: Accepted the innovative Insurance Data Security Model Law (#668), which necessitates insurance providers and other agencies registered by government insurance agencies to advance, integrate, and establish an information security management system; start investigating any cybersecurity events; and advise the private insurance superintendent of such happenings. Too far, the approach has been embraced by governorates.
Details
Keywords
This paper aims to describe the history of cyber security public international law since 1850 that is found in treaty instruments developed by the signatory nations of what is now…
Abstract
Purpose
This paper aims to describe the history of cyber security public international law since 1850 that is found in treaty instruments developed by the signatory nations of what is now known as the International Telecommunication Union (ITU). Because of the esoteric nature of the subject and, until recently, the very difficult access to reference materials, knowledge of these provisions was confined to a handful of scholars.
Design/methodology/approach
To prepare this article, it was necessary to download the entire new ITU History Portal collection of treaty instruments, adding the US archive collection scans of missing documents, conversion to plain text, identification and linking of key provisions across time, detecting the differences, and then pursuing related material to find out why the text arose.
Findings
What the material reveals is a 150‐year history of cybersecurity law that is not only relevant to significant developments today, but also controlling as a set of obligations that virtually every nation has accepted.
Research limitations/implications
It is hoped that this article will not only be helpful going forward in dealing with the difficult challenges of evolving these provisions, but will also serve as a kind of template for a new generation that not only questions authority, but also appreciates the value of source materials, accessing them, and doing the necessary analysis rather than just visiting a search engine.
Originality/value
The history of the cyber security public international law in the international telecommunication treaty instruments has never been compiled before.
Details
Keywords
Saurabh Kumar, Baidyanath Biswas, Manjot Singh Bhatia and Manoj Dora
The present study aims to identify and investigate the antecedents of enhanced level of cyber-security at the organisational level from both the technical and the human resource…
Abstract
Purpose
The present study aims to identify and investigate the antecedents of enhanced level of cyber-security at the organisational level from both the technical and the human resource perspective using human–organisation–technology (HOT) theory.
Design/methodology/approach
The study has been conducted on 151 professionals who have expertise in dealing with cyber-security in organisations in sectors such as retail, education, healthcare, etc. in India. The analysis of the data is carried out using partial least squares based structural equation modelling technique (PLS-SEM).
Findings
The results from the study suggest that “legal consequences” and “technical measures” adopted for securing cyber-security in organisations are the most important antecedents for enhanced cyber-security levels in the organisations. The other significant antecedents for enhanced cyber-security in organisations include “role of senior management” and “proactive information security”.
Research limitations/implications
This empirical study has significant implications for organisations as they can take pre-emptive measures by focussing on important antecedents and work towards enhancing the level of cyber-security.
Originality/value
The originality of this research is combining both technical and human resource perspective in identifying the determinants of enhanced level of cyber-security in the organisations.
Details