Cyberspace in a State of Flux: Regulating cyberspace through International Law
Cyberspace continues to become increasingly integral to our way of life. It has brought with it many benefits but has recently become a domain used for misdeed, as was evident from the recent WannaCry ransomware, the Stuxnet virus issue, and the much-publicized US 2016 Election hacking. These incide...
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| Format: | Article |
| Language: | English |
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University of Groningen Press
2022-05-01
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| Series: | Groningen Journal of International Law |
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| Online Access: | https://ugp.rug.nl/GROJIL/article/view/38689 |
| _version_ | 1818204170784604160 |
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| author | Maxron Holder |
| author_facet | Maxron Holder |
| author_sort | Maxron Holder |
| collection | DOAJ |
| description | Cyberspace continues to become increasingly integral to our way of life. It has brought with it many benefits but has recently become a domain used for misdeed, as was evident from the recent WannaCry ransomware, the Stuxnet virus issue, and the much-publicized US 2016 Election hacking. These incidents have caused the issue of cyberspace to be on the international agenda, but there is a lack of consensus among the various nations on how cyberspace should be regulated. The article analyzes the legal status of cyberspace by first embarking on a discussion on what is cyberspace, followed by a discussion on recent notable cyberattacks. It is against this backdrop that: (1) the legal status of cyberspace in domestic law is analyzed; (2) the application of the existing rules of international law to cyberspace are considered; (3) the problems with the Budapest Convention on Cybercrime are discussed; and (4) proposals for a new Convention on cybersecurity at the UN level in light of the Tallinn Manual, and the Budapest Convention of Cybercrime are made. |
| first_indexed | 2024-12-12T03:36:59Z |
| format | Article |
| id | doaj.art-87f55a83cf27416ea22da5bb2c8a4070 |
| institution | Directory Open Access Journal |
| issn | 2352-2674 |
| language | English |
| last_indexed | 2024-12-12T03:36:59Z |
| publishDate | 2022-05-01 |
| publisher | University of Groningen Press |
| record_format | Article |
| series | Groningen Journal of International Law |
| spelling | doaj.art-87f55a83cf27416ea22da5bb2c8a40702022-12-22T00:39:46ZengUniversity of Groningen PressGroningen Journal of International Law2352-26742022-05-019226628010.21827/GroJIL.9.2.266-28028346Cyberspace in a State of Flux: Regulating cyberspace through International LawMaxron Holder0Hugh Wooding Law SchoolCyberspace continues to become increasingly integral to our way of life. It has brought with it many benefits but has recently become a domain used for misdeed, as was evident from the recent WannaCry ransomware, the Stuxnet virus issue, and the much-publicized US 2016 Election hacking. These incidents have caused the issue of cyberspace to be on the international agenda, but there is a lack of consensus among the various nations on how cyberspace should be regulated. The article analyzes the legal status of cyberspace by first embarking on a discussion on what is cyberspace, followed by a discussion on recent notable cyberattacks. It is against this backdrop that: (1) the legal status of cyberspace in domestic law is analyzed; (2) the application of the existing rules of international law to cyberspace are considered; (3) the problems with the Budapest Convention on Cybercrime are discussed; and (4) proposals for a new Convention on cybersecurity at the UN level in light of the Tallinn Manual, and the Budapest Convention of Cybercrime are made.https://ugp.rug.nl/GROJIL/article/view/38689public international lawdomestic lawconvention on cybercrimecyber agressioncyberspace |
| spellingShingle | Maxron Holder Cyberspace in a State of Flux: Regulating cyberspace through International Law Groningen Journal of International Law public international law domestic law convention on cybercrime cyber agression cyberspace |
| title | Cyberspace in a State of Flux: Regulating cyberspace through International Law |
| title_full | Cyberspace in a State of Flux: Regulating cyberspace through International Law |
| title_fullStr | Cyberspace in a State of Flux: Regulating cyberspace through International Law |
| title_full_unstemmed | Cyberspace in a State of Flux: Regulating cyberspace through International Law |
| title_short | Cyberspace in a State of Flux: Regulating cyberspace through International Law |
| title_sort | cyberspace in a state of flux regulating cyberspace through international law |
| topic | public international law domestic law convention on cybercrime cyber agression cyberspace |
| url | https://ugp.rug.nl/GROJIL/article/view/38689 |
| work_keys_str_mv | AT maxronholder cyberspaceinastateoffluxregulatingcyberspacethroughinternationallaw |