Governance of cyberspace: Personal liberty vs. National security

Ridoan Karim, Tasmeem Chowdhury Bonhi, Rawnak Afroze

Research output: Contribution to journalArticleResearch

Abstract

The term 'Governance‘ is defined as structures and processes that are designed to ensure primarily accountability, transparency, rule of law, equity, inclusiveness, empowerment, and broad-based participation. On the other hand, cyberspace is a borderless public space in which individuals communicate and interact, regardless of their citizenship, nationality, ethnicity, political orientation, or gender. Individuals use cyberspace to conduct business, make policies, and organize their private lives. This significant space does not have any common rules, a governance apparatus, or control mechanisms that would protect people‘s activities. Therefore, this research attempts to clarify the principles of sovereignty, and activities in cyberspace, to help establish a standard governance system within the international regulatory regime. Societies are becoming more dependent on computer networks and vulnerable to cyber-crime and terrorism. Measures to protect information systems have received increasing attention. But there does exist some concerns about the measures; such as: what legal standards should govern the use of these measures? What nontechnical constraints should be placed on them? What importance should be assigned to these constraints in designing/implementing technologically robust solutions? In view of the novel character of cyberspace and the vulnerability of cyber infrastructure there is a noticeable uncertainty among governments and legal scholars as to whether the traditional principles of customary international law are sufficiently apt to provide the desired answers to some worrying questions. The purpose of this paper is to hence shed light on the responses of good governance and cyberspace in the context of international political and legal regime. Based on qualitative methodological framework and utilization of secondary sources, the paper emphasizes on the discussion of personal liberty vs. national security and recommends which approach to follow. This paper thoroughly discusses the rights to privacy, the protections against unwarranted searches and seizures, and the rights to due process of law.

Original languageEnglish
Pages (from-to)2636-2641
Number of pages6
JournalInternational Journal of Scientific & Technology Research
Volume8
Issue number11
Publication statusPublished - Nov 2019
Externally publishedYes

Keywords

  • Cyberspace
  • Global Cyberspace
  • National Security
  • Privacy Governance
  • Privacy Protection

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