In Search of an International Public Order for Cyber Activities

Paper number

IAC-18,E7,5,2,x43994

Author

Mr. Stefan A. Kaiser, Germany

Year

2018

Abstract

Despite the increasing influence of cyber activities on our everyday lives, lawyers encounter difficulties in understanding this subject matter and in legally qualifying these activities and their effects. Current discussions tend to concentrate on distinct aspects, which lead to a fragmented, rather than a holistic understanding of the legal aspects of cyber activities. Some of these areas are: 

•	the law of the internet,
 
•	cyber activities in (the law of) armed conflict,
 
•	legal aspects of cyber security in practically all areas of life (including space activities),
 
•	automation of kinetic processes (including the internet of things, autonomous systems),
 
•	automation of information processing (including ‘Big Data’ and artificial intelligence),

•	privacy and data protection.   


This paper will attempt to approach the legal dimension of cyber activities from a more general direction and search for elements and legal principles that may be found in international law, including space law, and can apply to cyber activities. The following aspects will be studied as potential seeds of an international public order for cyber activities:

•	the notions of cyber space versus cyber activities and their legal implications,

•	cyber activities and fundamental rights,

•	freedom of cyber activities versus freedom of speech and freedom of telecommunication,

•	cyber security,

•	peaceful uses,

•	responsibility and attribution,

•	the role of States.


Finally, some legal implications of cyber activities will be considered, when they affect or interfere with activities in outer space.

Abstract document

IAC-18,E7,5,2,x43994.brief.pdf

Manuscript document

IAC-18,E7,5,2,x43994.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.