Cyber Security and Legal Approaches

 

 

 

The year 2017 is likely to see a massive focus on cybersecurity. In fact, cybersecurity buzzword has gained tremendous significance in the last few years. The recent report in January 2017 of the US Intelligence Agencies naming Russia for trying to impact the US election process is one latest example which has highlighted the significance for the nation to constantly keep on updating their cybersecurity strategies and processes. No wonder, cybersecurity has assumed political and international perspectives. In this context, the legal, policy and regulatory issues concerning cybersecurity are beginning to develop at a very rapid pace. We are beginning to see a massive thrust on development of legal frameworks impacting cybersecurity. Different countries have already started working extensively in this regard. Various countries have begun the process of drafting appropriate national legislations which are aimed to not just regulate various facets of cybersecurity ecosystem but also are aimed to clarify the existing position on the rights and roles of various stakeholders in the context of protection and preservation of cybersecurity.

 

The year 2017 promises to be a year of tremendous developments as far as cybersecurity law jurisprudence is concerned.

 

The year 2017 is likely to build upon the foundations of cyber law jurisprudence which has been placed at a strengthened position in the preceding years, especially in the year 2016. It is hard to crystal gaze and predict specifically. However, on the basis of the information available, some broad trends of cyber law jurisprudence can be detected on the horizon.

 

The first biggest trend on cyber law jurisprudence that the year 2017 is likely to see emerging cybersecurity legislative instruments and legislative approaches. Cybersecurity over the last few years has ceased to become a mere technical issue. On the other hand, it is becoming a very critical cyber law, policy as well as regulatory issue. The year 2017 is likely to see more countries coming up with detailed legislative frameworks as also national policies impacting cybersecurity. The difference of approaches, which the specific countries will make, will be dependent on the peculiar challenges that they face from time to time. Some countries are likely to introduce significant cybersecurity laws, while other countries are expected to go through the soft legislations route, by coming up with national policies and appropriate guidelines to govern cybersecurity ecosystem and the roles, duties and responsibilities of respective stakeholders therein.

 

 

Another important trend in cybersecurity law jurisprudence that is likely to evolve will be increased adoption and execution of cybersecurity bilateral cooperation agreements and arrangements. Countries across the world have recognized that there is lack of an international cyber law on cybersecurity. Countries further recognized that cybersecurity is a global paradigm and that it would require global approaches to be effectively dealt with. However, countries are also appreciating that it will take some time for international cyber law frameworks to be put in place. Hence, more and more countries are likely to go in for bilateral cybersecurity arrangements and cooperation agreements as also antihacking agreements with other countries. These arrangements and bilateral treaties would aim to strengthen cooperation mechanisms between countries and provide for more sharing of information concerning protecting and preserving cybersecurity as also information concerning cybercrimes.

 

These bilateral agreements and arrangements are further going to contribute to the crystallization of key international principles impacting cyber law and cybersecurity which countries could agree upon, thereby contributing to the development of international jurisprudence concerning cybersecurity law.

 

The year 2017 is further likely to see more discussions and debate upon coming up with international legal framework impacting cyber space. The absence of an international cyber law has necessitated that countries look at common legal principles impacting the regulation of cyber issues at the global level.

 

The year 2017 is likely to see further discussion moving in the direction of distilling the international commonly accepted principles and denominators impacting cyber law which could then be part of an international treaty.

 

The author has already mooted the idea of the need for having in place an International Convention on Cyber Law & Cyber Security in 2015 itself. As the world begins to see more global threats emerging to the security and stability of the Internet, there is likely to be more calls for coming up with common minimum denominators and principles of international law which could then contribute in the direction of an International Convention on Cyber Law and Cyber Security.

 

It will be interesting to see how the jurisprudence concerning cybersecurity legal issues, aspects and subjects will actually evolve in a robust and efficient manner in the year 2017.