Cybersecurity and Data Laws of the Commonwealth

by Robert Walters
Cybersecurity and Data Laws of the Commonwealth
Author: Robert Walters
Publisher: Springer Nature
Total Pages: 435
Release: 2023-07-21
Genre: Law
ISBN: 9819939356
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The book has been authored by a highly regarded international legal scholar in commercial and private law. The book highlights how the legal landscape for in data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. The aim of this book is to promote more engagement between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important component of the future digital economy. They will both be integral to transnational trade and investment. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries.

Breached!

by Daniel J. Solove
Breached!
Author: Daniel J. Solove
Publisher: Oxford University Press
Total Pages: 257
Release: 2022
Genre: LAW
ISBN: 0190940557
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Web-based connections permeate our lives - and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how many problems there are with cybersecurity. Despite the passage of many data security laws, data breaches are increasingat a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on cybersecurity and privacy issues, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented through inexpensive, non-cumbersome means. They also reveal why the current law is counterproductive. It pummels organizations that have suffered a breach, butdoesn't recognize other contributors to the breach. These outside actors include software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage inrisky behaviors, and more.The law's also ignores the role that good privacy practices can play. Although humans are the weakest link for data security, the law remains oblivious to the fact that policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course byfocusing on the human side of security. This book sets out a holistic vision for data security law - one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention rather than reaction, and is designed with people in mind. The book closes witha roadmap for how we can reboot law and policy surrounding cybersecurity so that breaches become much rarer events.

Foreign Affairs Federalism

by Michael J. Glennon
Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 0199355908
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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

Cybersecurity Law and Regulation

by Uchenna Jerome Orji
Cybersecurity Law and Regulation
Author: Uchenna Jerome Orji
Publisher:
Total Pages: 0
Release: 2012
Genre: Computer crimes
ISBN: 9789058508577
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This book discusses the legal and regulatory aspects of cybersecurity, examining the international, regional, and national regulatory responses to cybersecurity. The book particularly examines the response of the United Nations and several international organizations to cybersecurity. It provides an analysis of the Council of Europe Convention on Cybercrime, the Commonwealth Model Law on Computer and Computer Related Crime, the Draft International Convention to Enhance Protection from Cybercrime and Terrorism, and the Draft Code on Peace and Security in Cyberspace. The book further examines policy and regulatory responses to cybersecurity in the US, the UK, Singapore, India, China, and Russia. It also looks at the African Union's regulatory response to cybersecurity and renders an analysis of the Draft African Union Convention on the Establishment of a Credible Legal Framework for Cybersecurity in Africa. The book considers the development of cybersecurity initiatives by the Economic Community of West African States, the Southern African Development Community, and the East African Community, and further provides an analysis of national responses to cybersecurity in South Africa, Botswana, Mauritius, Senegal, Kenya, Ghana, and Nigeria. It also examines efforts to develop policy and regulatory frameworks for cybersecurity in 16 other African countries (Algeria, Angola, Cameroon, Egypt, Ethiopia, Gambia Lesotho, Morocco, Namibia, Niger, Seychelles, Swaziland, Tanzania, Tunisia, Uganda, and Zambia). Nigeria is used as a case study to examine the peculiar causes of cyber-insecurity and the challenges that hinder the regulation of cybersecurity in African states, as well as the implications of poor cybersecurity governance on national security, economic development, international relations, human security, and human rights. The book suggests several policy and regulatory strategies to enhance cybersecurity in Africa and the global information society with emphasis on the collective responsibility of all states in preventing trans-boundary cyber harm and promoting global cybersecurity. It will be useful to policy makers, regulators, researchers, lawyers, IT professionals, law students, and any person interested in seeking a general understanding of cybersecurity governance in developed and developing countries.Ã?Â?Ã?Â?Ã?Â?Ã?Â?

Commercial and Arbitration Law of the Digital Economy

by Robert Walters
Commercial and Arbitration Law of the Digital Economy
Author: Robert Walters
Publisher: Taylor & Francis
Total Pages: 157
Release: 2024-08-01
Genre: Law
ISBN: 1040098703
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This book discusses the importance of the digital economy and its most pressing challenge: the onset of quantum and critical technology. It looks at how its implementation, either on its own or coupled with artificial intelligence, impacts commercial and arbitration law. International trade and investment are increasingly being integrated within national security policy and the law to protect the nation state. A failure to safeguard personal and commercial data will allow other state and non-state actors to set the rules that do not align with the values of the rule of law and transnational rules-based system. This book argues that it is necessary to establish a principles-based approach to governing the development and use of these technologies. Chapters touch on the application of smart contracts, arbitration, as well as mergers and acquisitions and their potential weaponisation in the digital economy due to their ability to transcend national security. Elements of intellectual property, particularly patents and trademarks, and how international legal instruments have directed national law-making are also explored. This is a useful reference for governments, regulators, legal, technologists and policy experts. This is also of interest to scholars looking at personal and commercial data in relation to intellectual property, contracts and international commercial arbitration law.

Cybersecurity for Elections

by Commonwealth Secretariat
Cybersecurity for Elections
Author: Commonwealth Secretariat
Publisher: Commonwealth Secretariat
Total Pages: 162
Release: 2020-05-01
Genre: Political Science
ISBN: 1849291926
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The use of computers and other technology introduces a range of risks to electoral integrity. Cybersecurity for Elections explains how cybersecurity issues can compromise traditional aspects of elections, explores how cybersecurity interacts with the broader electoral environment, and offers principles for managing cybersecurity risks.

Proceedings of a Workshop on Deterring Cyberattacks

by National Research Council
Proceedings of a Workshop on Deterring Cyberattacks
Author: National Research Council
Publisher: National Academies Press
Total Pages: 400
Release: 2010-10-30
Genre: Political Science
ISBN: 0309160359
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In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.

Understanding Cybersecurity Law in Data Sovereignty and Digital Governance

by Melissa Lukings
Understanding Cybersecurity Law in Data Sovereignty and Digital Governance
Author: Melissa Lukings
Publisher: Springer Nature
Total Pages: 297
Release: 2022-10-14
Genre: Business & Economics
ISBN: 3031142640
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This book provides an overview of the topics of data, sovereignty, and governance with respect to data and online activities through a legal lens and from a cybersecurity perspective. This first chapter explores the concepts of data, ownerships, and privacy with respect to digital media and content, before defining the intersection of sovereignty in law with application to data and digital media content. The authors delve into the issue of digital governance, as well as theories and systems of governance on a state level, national level, and corporate/organizational level. Chapter three jumps into the complex area of jurisdictional conflict of laws and the related issues regarding digital activities in international law, both public and private. Additionally, the book discusses the many technical complexities which underlay the evolution and creation of new law and governance strategies and structures. This includes socio-political, legal, and industrial technical complexities which can apply in these areas. The fifth chapter is a comparative examination of the legal strategies currently being explored by a variety of nations. The book concludes with a discussion about emerging topics which either influence, or are influenced by, data sovereignty and digital governance, such as indigenous data sovereignty, digital human rights and self-determination, artificial intelligence, and global digital social responsibility. Cumulatively, this book provides the full spectrum of information, from foundational principles underlining the described topics, through to the larger, more complex, evolving issues which we can foresee ahead of us.