TY - JOUR
T1 - Governance of cyberspace
T2 - Personal liberty vs. National security
AU - Karim, Ridoan
AU - Bonhi, Tasmeem Chowdhury
AU - Afroze, Rawnak
N1 - Publisher Copyright:
© International Journal of Scientific and Technology Research.
Copyright:
Copyright 2019 Elsevier B.V., All rights reserved.
PY - 2019/11
Y1 - 2019/11
N2 - 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.
AB - 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.
KW - Cyberspace
KW - Global Cyberspace
KW - National Security
KW - Privacy Governance
KW - Privacy Protection
UR - http://www.scopus.com/inward/record.url?scp=85075397160&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:85075397160
VL - 8
SP - 2636
EP - 2641
JO - International Journal of Scientific & Technology Research
JF - International Journal of Scientific & Technology Research
SN - 2277-8616
IS - 11
ER -