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International Cybersecurity Law Review
Number of Followers: 5  Hybrid journal (It can contain Open Access articles)ISSN (Online) 2662-9739 Published by Springer-Verlag  [2468 journals]
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- The compliance implications of a cyberattack: a distributed denial of
service (DDoS) attack explored-
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Abstract: The nuisance of cumbersome technological issues is a universal grievance of technology users. Beyond the immediate frustrations of the operational failure, rarely are the compliance implications of technological failures considered by users. Amongst these potential failures is the illegal acquisition of data, inadequate protection of personal data and intellectual property and the non-compliance of data protection regulations. Cyberattacks prompt an onslaught of compliance problems. Distributed Denial of Service (DDoS) attacks are a particularly problematic example because of the multitude of compliance issues which they incite. The purpose of this paper is to explore compliance implications through the lens of a DDoS attack. In particular, the consequences on data security and personal responsibility for data handlers are highlighted. Compliance is illustrated as a systematic support measure for data protection. The organisational design of a cybersecure corporation must have compliance concerns at their heart.
PubDate: 2023-06-02
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- Cybersecurity incident reporting laws in the Asia Pacific
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Abstract: Cybersecurity laws are set to grow significantly in the coming years. The continued and increasing provision of all manner of services online and the increasing amounts of valuable data being stored on computers has increased the importance of cybersecurity. The impact and scale of cyberattacks and the failure of some private and public sector entities to implement adequate security controls to protect the confidentiality, integrity and availability of their computer systems and the data therein is leading governments around the world to pass laws to address this problem area. Cybersecurity incident reporting obligations are one component of cybersecurity laws, and these obligations are being considered or have been passed in various countries around the world. For instance, in 2023, the United States Securities and Exchange Commission plans to require public listed companies in the United States to report material cybersecurity incidents. As for the Asia Pacific region, multiple jurisdictions already have or are considering cybersecurity incident reporting laws that impact a wide spectrum of organizations. This article examines the rationale of cybersecurity incident reporting laws, analyzes such laws in several key Asia Pacific jurisdictions (i.e., India, China, South Korea, Singapore), the potential issues it may create for the regulated, and the issues worthy of consideration for regulation making in this area.
PubDate: 2023-06-02
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- An overview of cybercrime law in South Africa
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Abstract: The COVID-19 pandemic has accelerated the uptake and use of information communication technologies and led to the digital transformation of different sectors of the economy. For South Africa, the COVID-19 pandemic struck at a time when the South African government had committed itself to leveraging technology for the benefit of its citizens, the private sector, and the public sector. By 2020, South Africa already had in place enabling policy and legal frameworks to assist with the regulation of activities taking place in cyberspace. The increase in broadband access has resulted in the increase of internet users. Due to increase in use of digital technologies and processing of personal data, there has been an increase in cyber-attacks and cybercrimes such as data breaches, identity theft and cyber fraud. Several South African based companies, state owned entities, government departments and citizens have been victims of cyber-attacks. To respond to the growing spectre of cybercrime, the South African government promulgated laws to supplement the existing legal framework. It also operationalised some of the laws which had been passed but had not yet come into operation. This paper gives a summary of the evolution of cybercrime laws in South Africa. It starts off by summarising how common law and the Electronic Communications and Transactions Act addressed cybercrime. The paper then proceeds to discuss the recently promulgated Cybercrimes Act, which is now the primary law criminalising certain online activities. It explores how the various provisions of the Cybercrimes Act address different types of cybercrimes known today. This discussion is aimed at demonstrating that South Africa is no longer a safe haven for cybercriminals.
PubDate: 2023-06-02
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- Australia’s cyber security reform—an update
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Abstract: The 2023–2030 Australian Cyber Security Strategy aims to make Australia a world-leader in cyber security by 2030. It will, thus, be a significant document, and monitoring its development is of importance. This brief note examines the issues raised in the Discussion Paper that will shape the 2023–2030 Australian Cyber Security Strategy.
PubDate: 2023-05-08
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- Applying blockchain to the modern legal system: Kleros as a decentralised
dispute resolution system-
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Abstract: This paper examines the use of blockchain technology in the legal system through decentralized online dispute resolution mechanisms, with a particular focus on Kleros. While Kleros offers a potentially more accessible, efficient, and fair way of resolving minor disputes, concerns have been raised about the potential bias caused by jurors accumulating cryptocurrencies. It is criticized that Kleros and similar decentralized systems are perceived to be a more accessible, quicker, cheaper, and fairer way to resolve disputes. However, important questions have been raised about the financial interest of jurors and how it may diminish the role of the rule of law and impede its evolution. Despite these concerns, the authors argue that Kleros has the potential to introduce blockchain into the national judicial system. To achieve this, measures such as allowing parties to select jurors with specific qualifications and setting a fee proportional to each juror’s Pinakion (PNK) should be implemented. Furthermore, clear instructions on the use of cryptocurrencies and blockchain in the Kleros system should be provided to promote transparency and understanding for all participants. Overall, this paper contributes to the discussion on the use of blockchain technology in the legal system and highlights the need for careful consideration of its potential impact on the rule of law.
PubDate: 2023-04-12
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- The EU’s cybersecurity framework: the interplay between the Cyber
Resilience Act and the NIS 2 Directive-
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Abstract: European cybersecurity legislation is comprised of various pieces of legislation. How does the newly proposed Cyber Resilience Act (CRA) fit into this system' In this article we briefly illustrate how the CRA proposal interacts with other pieces of EU cybersecurity legislation. We go on to highlight the interaction between the CRA proposal and the Network and Information Security 2 Directive (NIS 2) and, in particular, reveal the interaction with regard to risk management measures, coordinated security risk assessments, notification requirements, and market surveillance provisions. Furthermore, we take a closer look at the relationship between the CRA proposal and the NIS 2 Directive regarding the classification of critical products with digital elements and point out the Commission’s understanding of “criticality”. We outline how the CRA proposal is designed to facilitate the compliance of essential and important entities with the complex due diligence requirements set forth in the NIS 2 Directive, and to contribute towards the comparability of information on products with digital elements. The CRA proposal will bring additional value for essential and important entities as it will facilitate the process of searching for trustworthy products. However, we also identify some avoidable shortcomings of the CRA proposal.
PubDate: 2023-03-29
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- Drawing lines: geofence warrants and the third-party doctrine
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Abstract: Imagine if your physical movements were tracked by unfathomably powerful computers owned by private companies; the word “dystopia” may come to mind, or perhaps “witchcraft” if you were a Framer of the U.S. Constitution. In reality, Google has been tracking our data, including geolocation data, for years. In 2016, law enforcement officers began exploiting this data by means of “geofences,” a data dump of device identifying data confined in geographic and temporal coordinates. Modern technology often presents challenging questions of law, and Fourth Amendment jurisprudence evolved alongside technology from phone-recordings in Katz and gradually to cell-site location data in Carpenter. However, neither satisfactorily answer the question of whether the Fourth Amendment protects limited amounts of electronic data. This article analyzes the Fourth Amendment’s “third-party doctrine” and its applicability to data derived from geofences. The article ultimately concludes that geolocation data derived from a geofence with a temporal confinement of less than 45 min is protected under the third-party doctrine.
PubDate: 2023-03-28
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- European information regulation in the Ukraine War
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Abstract: Council regulation (EU) 2022/350 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine has been in force since 02.03.2022. It is an immediate reaction to the Russian war of aggression against Ukraine since 24.02.2022 and builds on the sanctions imposed since Russia’s annexation of Ukrainian territory in Crimea in 2014 in violation of international law. What is new, however, is a very strict interference with freedom of information and the imposition of extended security measures in the digital economy.
PubDate: 2023-03-09
DOI: 10.1365/s43439-023-00083-0
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- Comparing Canada’s proposed Critical Cyber Systems Protection Act with
cybersecurity legal requirements in the EU-
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Abstract: This article examines the Canadian federal government’s proposed Critical Cyber Systems Protection Act (CCSPA), compares it with existing and proposed cybersecurity legal requirements in the European Union (EU), and sets out recommendations to address shortcomings of the proposed Canadian legislation. One of the cornerstone components of Bill C‑26, the CCSPA seeks to regulate critical cyber systems in federally regulated private sectors. It represents a significant overhaul of Canadian cybersecurity regulation. However, the current proposed legislation exhibits many flaws, including a commitment to, and entrenchment of, a patchwork approach to regulation that focuses on formal registration; a lack of oversight of its confidentiality provisions; a weak penalty scheme that focuses solely on compliance, not deterrence; and diluted conduct, reporting, and mitigation obligations. To repair these flaws, this article reviews the provisions of the proposed law and compares them with the EU’s Directive Concerning Measures for a High Common Level of Security of Network and Information Systems Across the Union, the first EU-wide cybersecurity legislation, as well as its proposed successor, the NIS2 Directive. Where relevant, various other cybersecurity regulations in peer states are discussed. Specific recommendations are put forward.
PubDate: 2023-03-01
DOI: 10.1365/s43439-023-00082-1
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- Vulnerability management as compliance requirement in product security
regulation—a game changer for producers’ liability and consequential
improvement of the level of security in the Internet of Things'-
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Abstract: The article outlines the European Union (EU) regulation of information technology (IT) security in Internet of Things products from a consumer and end user perspective. It starts with civil law and the necessity to address security requirements and specifications in individual contractual terms. Data and consumer protection laws have not helped much, mainly because of missing definitions and levels of applicable security. Two new EU directives reforming the law of obligations may improve the situation for consumers since security is now a named quality requirement, especially for the sale of (digital) goods. Also introduced is the provision of security updates as a contractual duty. But both rule sets address only the traders, not the producers. This is different with the activation of clauses in the radio equipment directive, which sets IT security measures as requirements to be compliant for CE labeling. An important element is the introduction of a vulnerability management system. Details can be found in the draft of technical standard ETSI/EN 303645. The work concludes with a look at the EU’s efforts regarding certification schemes and the interaction of all regulation elements, with more liability for insecure products plus the hope for effectiveness.
PubDate: 2023-03-01
DOI: 10.1365/s43439-022-00064-9
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- Computer security incident response teams: are they legally regulated'
The Swiss example-
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Abstract: Computer Security Incident Response Teams (CSIRTs) or Computer Emergency Response Teams (CERTs) are an integral part of incident handling capabilities and are increasingly demanded by organizations such as critical infrastructures. They can hold many different skills and are of great interest to organizations in terms of cyber security and, more concretely, cyber incident management. This contribution seeks to analyze the extent to which their activity is regulated under Swiss law, considering that private CSIRTs are not regulated in the same way as governmental and national CSIRTs such as the Computer Emergency Response Team of the Swiss government and official national CERT of Switzerland (GovCERT).
PubDate: 2023-03-01
DOI: 10.1365/s43439-022-00070-x
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- Alternatives for an adequate structuring of the national data protection
authority (ANPD) in its independent profile: proposals to overcome the
technological challenges in the age of digital governance-
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Abstract: This article aims to identify the necessary elements for the independent and democratic structuring of the National Data Protection Authority (ANPD) in its definitive legal profile, as an autarchy under a special regime, so that it can achieve the technical and decision-making autonomy that it was granted by the Brazilian Data Protection Law (LGPD). Drawing on documentary research and findings on similar foreign authorities, it is possible to point out, as a partial result of this analysis, the insufficiency of entrusting such a mission to its recent formal separation from the Direct Administration, being also possible to conclude that the success of the state modernization in the Digital Age will depend, to a large extent, on intertemporal choices able to direct the ANPD towards a structure attentive to technological innovations. To this end, the training and continuing education of the institution’s staff, as well as possible agreements to be signed by the entity, such as the alternatives sought by the Courts of Accounts in the field of information and communications technology (ICT), emerge as a determining factor.
PubDate: 2023-02-13
DOI: 10.1365/s43439-023-00081-2
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- Dr. Ifeoma Nwafor: Cybercrime and the law: issues and developments in
Nigeria. (2022) CLDS Publishing. pp. 1–285-
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PubDate: 2023-01-30
DOI: 10.1365/s43439-023-00080-3
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- The curious case of automated decision-making in India
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Abstract: India is on the cusp of enacting legislation on data protection. India drafted its Personal Data Protection Bill (PDPB), considering the various data protection legislations across the globe, including the General Data Protection Regulation (GDPR) in the European Union (EU). The GDPR stands as a torchbearer in data protection legislation. In EU law, the GDPR is the Regulation on data protection and privacy as well as the transfer of personal data, providing individuals control of their data and streamlining business use of data. One of the rights of data subjects under the GDPR is the right against automated decision-making. The GDPR provides that an individual has the right that their data is not subject to automatic decision-making. There is a need for human intervention to prevent any unintended discrimination. One of the principles that is different in the PDPB is the absence of such a right. The arguments presented in the documents préparatoires state that the Bill recognises privacy by design and is monitored by the data processing authority. If discrimination has ensued due to lawful yet discriminatory automated processing, individuals are always at liberty to go to courts for a breach of fiduciary duties. It is important to highlight and research this crucial difference as the globe moves to an online realm where the personal touch in the physical world is replaced by algorithms making decisions based on the data collected from users. This paper analyses the right against automated decision-making in detail and then examines why India argued not to provide such a right. The two contrasting perspectives would provide an insight into the vast ocean of data protection. As the PDPB seeks to stand as the torchbearer for the global south, this research would also help in comprehending the presence or absence of such a right signal for businesses across the globe.
PubDate: 2023-01-27
DOI: 10.1365/s43439-022-00078-3
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- Kritikalität: Von der BSI-KritisV zur NIS2-Richtlinie
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Abstract: Zusammenfassung Naturkatastrophen, Cyberattacken und nicht zuletzt der Angriffskrieg Russlands gegen die Ukraine verdeutlichen zunehmend die Bedeutung kritischer Infrastrukturen für einen handlungsfähigen Staat und eine funktionsfähige Gesellschaft. Obwohl sich Politik und Rechtswissenschaften bereits seit mehreren Jahrzehnten mit dem Begriff der kritischen Infrastrukturen befassen, gibt es eine an Rechtsfolgen geknüpfte Legaldefinition im deutschen Recht erst mit dem IT-Sicherheitsgesetz von 2015 und auch nur für den Bereich der IT-Sicherheit. Dies erfolgte vorgreifend zur Umsetzung der NIS-Richtlinie aus dem Jahr 2016. Auch wenn dadurch die Resilienz erhöht wurde, offenbart die nationale Umsetzung derzeit einige Schwächen: Die Begriffe Kritikalität und kritische Infrastrukturen offenbaren normative und tatsächliche Herausforderungen, die angesichts der zugrunde liegenden Risiko-Prognose-Entscheidung nicht vollständig aufgelöst werden können. Die Systematik der Verweiskette zwischen dem BSIG, der BSI-KritisV und einschlägigen Fachgesetzen ist geprägt von fehlender Klarheit und Harmonisierung. Zuletzt bietet der starke Fokus auf hohe Schwellenwerte bei der Einordnung kritischer Infrastrukturen Raum für Kritik. Mit der kürzlich in finaler Fassung beschlossenen NIS2-Richtlinie ergeben sich zukünftig zahlreiche Änderungen für die Einordnung kritischer Infrastrukturen. Der Beitrag erörtert die bisherige Rechtslage in Deutschland unter Herausarbeitung von Kritik, bevor er die Änderungen der NIS2-Richtlinie mit dem Fokus auf der Begriffsbestimmung darstellt und im Hinblick auf die zuvor geäußerte Kritik bewertet.
PubDate: 2023-01-16
DOI: 10.1365/s43439-022-00077-4
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- Regulation of the European Parliament and the Council on digital
operational resilience for the financial sector (DORA)-
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Abstract: Cyber incidents in the financial sector are rising, and financial entities are increasingly outsourcing their IT infrastructure to third party service providers. The new Regulation on Digital Operational Resilience for the Financial Sector (DORA) addresses this trend and aims to strengthen the cyber resilience of financial entities, such as banks, insurance companies, investment firms and crypto-asset service providers. DORA creates a regulatory framework including requirements on Information and Communication Technology (ICT) risk management, ICT-related incident reporting and penetration testing. DORA entails provisions on ICT third-party risk management and introduces a European oversight framework for critical ICT third-party service providers. The requirements set out by DORA are homogenous across all EU member states. DORA follows a risk-based approach and requirements are applied in accordance with specific risk profiles and the size and nature of the financial entities. DORA also addresses the overlap with the horizontal Network and Information Security Directive (NIS) by introducing a lex specialis rule. This paper gives an overview on the key parts of DORA and analyses whether its rules are appropriate to prevent and better mitigate rising cyber threats in the financial sector in an efficient way for all stakeholders.
PubDate: 2022-12-16
DOI: 10.1365/s43439-022-00076-5
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- Anforderungen an die Cybersicherheit bei der Erbringung von
IT-Dienstleistungen für Arztpraxen sowie Krankenhäuser und
Möglichkeiten der Vertragsgestaltung-
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Abstract: Zusammenfassung Cybersicherheit gewinnt auch im Gesundheitswesen eine immer größere Bedeutung. Dies gilt insbesondere für die Betreiber von Arztpraxen sowie Krankenhäusern, welche sich der Hilfe von IT-Dienstleistern bedienen, um den erheblichen rechtlichen Anforderungen an eine umfassend verstandene IT-, Daten- und Informationssicherheit gerecht zu werden. Dabei werden die Möglichkeiten der Vertragsgestaltung derzeit mit Blick auf die Belange von Arztpraxen und Krankenhäusern, wenn überhaupt, eher randständig behandelt. Der nachfolgende Beitrag möchte dem Abhilfe schaffen und versteht sich als ein Beitrag zur Cybersicherheits-Compliance im Gesundheitswesen.
PubDate: 2022-12-09
DOI: 10.1365/s43439-022-00075-6
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- When does bulk interception of communications violate the right to
privacy' The limits of the state’s power and the European Court of Human
Rights Approach-
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Abstract: The bulk interception of cross-border communications, commonly referred to as “digital surveillance”, poses unique challenges. Developments facilitating law enforcement agencies’ ability to conduct investigations and surveillance and the public’s mass adoption of digital communication technologies have created new investigative targets. The police and the private sector have harnessed technological innovations to create new and previously unimaginable investigative tools. The bulk interception of communications is a complex issue that falls within the purview of Article 8 of the European Convention on Human Rights (ECHR). As a severe intrusion into private life and correspondence, all forms of telephone conversations must be based on law that is specific. The Grand Chamber of the European Court of Human Rights (ECtHR) decided two important cases—Big Brother Watch and Others v the United Kingdom and Centrum för rättvisa v Sweden; at the centre of this debate are the right to privacy and surveillance of communications. The ECHR developed new criteria to assess whether the states acted within their margin of appreciation, and the ECtHR introduced eight criteria and ruled that bulk interception and collection of foreign communications is a legal state activity and that exchanging information with their intelligence partners in different states is allowed under certain conditions. In the main part of the article, the author deals with the two above-mentioned decisions and analyses the ECtHR’s positions on the surveillance of individual and mass communications.
PubDate: 2022-12-02
DOI: 10.1365/s43439-022-00074-7
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- The European framework for cybersecurity: strong assets, intricate history
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Abstract: Over the last decade, the European Union (EU) has demonstrated a consistent determination to promote a global, open, stable, and secure cyberspace for everyone. A structured (and chronological) review of key EU documents, reports, and directives on cybersecurity shows that the recommendations from the relevant EU institutions (Parliament, Commission, Council) have been persistent over time, reiterating the same core issues that seem to not yet have been solved after a decade of debates and experts’ advice. Since at least 2012, EU institutions have identified the two domains that are under constant critical observation for the deployment of a coordinated European cybersecurity approach—gaps in policies and poor integration—while the European fundamentals of cybersecurity (both human and physical) have been consistently seen as an asset rather than a liability. However, the progressive de-professionalization of coding that tends to blur the distinction between amateurs and professionals should not be underestimated, as it furtively introduces a new class of risk related to unverified or circularly certified skills. It is therefore recommended that the regulatory framework is expanded to better govern the accreditation/certification of professional cybersecurity experts as well.
PubDate: 2022-11-28
DOI: 10.1365/s43439-022-00072-9
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- Incidental data: observation of privacy compromising data on social media
platforms-
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Abstract: Social media plays an important role for a vast majority in one’s internet life. Likewise, sharing, publishing, and posting content through social media has nearly become effortless. This unleashes new threats as unintentionally shared information may be used against oneself or loved ones. With open-source intelligence data and methods, we show how unindented published data can be revealed and further analyze possibilities that can potentially compromise one’s privacy. This is backed up by a popular view of interviewed experts from various fields of expertise. We were able to show that only 2 hours of manually fetching data are sufficient to unveil private, personal information that was not intended to be published by the person. Two distinctive methods are described with several approaches. From our results, we were able to describe a 14-step awareness guideline and proposed a change of the law within Austrian legislation. Our work has shown that awareness among persons on social media needs to be raised. Critical reflections on our work has revealed several ethical implications that have made countermeasures necessary; however, it can be assumed that criminals do not to these.
PubDate: 2022-11-10
DOI: 10.1365/s43439-022-00071-w
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