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DSI Publications
Journal Article
Heidelberg Journal of International Law (HJIL) 80 (2): 433–452
Subject(s)
Information technology and systems
Keyword(s)
International law, cybersecurity, cyberattacks, attribution, necessity, rule of law, special emergency regime
The article deals with necessity as one of the circumstances precluding wrongfulness under customary international law and how it will likely gain relevance in view of the difficulty to quickly attribute malicious cyber operations that threaten important assets of a state. While the necessity doctrine seems fit for purpose, it lacks granularity and is problematic from an international rule-of-law point of view. Taking these pitfalls into account, the article proposes some general principles for a possible special emergency regime for cyberspace.
Volume
80
Journal Pages
433–452
Journal Article
Israel Law Review 53 (2): 189–224
2020 Best Paper Award
Subject(s)
Information technology and systems
Keyword(s)
Information operations, cyber operations, cognitive warfare, disinformation, election interference, principle of non-intervention, sovereignty, self-determination
The article examines the legal qualification of state-led information operations that aim to undermine democratic decision-making processes in other states. After a survey of the legal attitudes of states towards such operations during the Cold War, the impact of the digital transformation on the frequency and quality of information operations is explained. The article then assesses scholarly responses to the outlined paradigm shift regarding the prohibition of intervention, respect for sovereignty and the principle of self-determination. The study then inquires whether it is possible to detect a change in how states qualify adversarial information operations by tracking recent state practice and official statements of opinio juris. The survey concludes that there is insufficient uniformity to allow for an inference that the content of the analysed rules of customary international law has already shifted towards more restrictive treatment of foreign interference. As a possible way forward, the article ends with a proposal to focus on deceptive and manipulative conduct of information operations as the most viable path to outlaw such state behavior in the future. Instead of attempting to regulate the content of information, this approach is better suited to safeguard freedom of speech and other potentially affected civil rights.
© Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 2020
Volume
53
Journal Pages
189–224
ISSN (Online)
2047-9336
ISSN (Print)
0021-2237
Journal Article
TA TuP (Journal for Technology Assessment in Theory and Practice) 29 (1): 30–36
Arnd Weber, Gernot Heiser, Dirk Kuhlmann, Martin Schallbruch, Anupam Chattopadhyay, Sylvain Guilley, Michael Kasper et al. (2020)
Subject(s)
Information technology and systems
Keyword(s)
Cybersecurity, sovereignty, open source, verification,
supply chain risks
Increasing dependence on information technology calls for strengthening the requirements on their safety and security. Vulnerabilities that result from flaws in hardware and software are a core problem which market mechanisms have failed to eliminate. A strategy for resolving this issue should consider the following options: (1) private- and public-sector
funding for open and secure production, (2) strengthening the sovereign control over the production of critical IT components within an
economic zone, and (3) improving and enforcing regulation. This paper
analyses the strengths and weaknesses of these options and proposes
a globally distributed, secure supply chain based on open and mathematically proved components. The approach supports the integration
of legacy and new proprietary components.
Volume
29
Journal Pages
30–36
ISSN (Online)
2199-9201
ISSN (Print)
1619-7623
Journal Article
Antitrust Chronicle 3 (2): 33–38
Martin Schallbruch, Heike Schweizer, Achim Wambach (2019)
Subject(s)
Information technology and systems; Technology, R&D management
Keyword(s)
Competition law, antitrust law, digital platforms, data access
The Commission “‘Competition Law 4.0’” was set up by the German Federal Minister for Economic Affairs and Energy with the task to draw up recommendations for the further development of EU competition law in the light of the digital economy. The final report with 22 recommendations was handed over in September 2019.
The commission finds that the practical and actual power of consumers to dispose of their own data must be improved, clear rules of conduct for dominant platforms must be introduced, legal certainty for cooperation in the digital sector must be enhanced, and the institutional linkage between competition law and other digital regulation must be strengthened.
Volume
3
Journal Pages
33–38
Subject(s)
Information technology and systems; Technology, R&D management
Keyword(s)
Cybersecurity, information security, legislation, risk management
With the increasing importance of the security of information technology for all areas of life, the IT security law has developed step by step without the European and German legislation being able to follow an overall draft. At the latest with the IT security regulations in the General Data Protection Regulation and the expansion of sector-specific regulations on IT security, questions of the systematization of the new area of law arise. The authors examine three key questions - the modeling of systems subject to the law, the concept of risk management, and the determination of the state of the art security measures. Finally, they outline the main elements of a restructuring of IT security law. [Das IT-Sicherheitsrecht will die IT-Sicherheit schützen, folgt aber weder auf europäischer noch auf deutscher Gesetzgebungsebene einem Gesamtentwurf. Der Beitrag geht drei Schlüsselfragen nach – der Modellierung der dem Recht unterworfenen Systeme (II.), dem Risikobegriff (III.) sowie der Ermittlung des Standes der Technik (IV.) – und entwirft Grundzüge einer Strukturierung des IT-Sicherheitsrechts (V.).]
Volume
34
Journal Pages
706–720
ISSN (Online)
2194-4172
Subject(s)
Information technology and systems; Technology, R&D management
Keyword(s)
Cybersecurity, information security, national security, legislation
This article describes the newly enacted or rewritten regulations for the defense against IT attacks as part of IT security law: first the relevant criminal offenses, then the powers of the police and intelligence services, then of the IT security authorities and Internet providers. At the end, the political statements for the 19th parliamentary term will be compared with the remaining need for action in IT security law. Furthermore, the future of IT security law will be discussed in the context of implementation, ongoing development and consolidation.
Volume
34
Journal Pages
215–224
ISSN (Online)
2194-4172
Subject(s)
Economics, politics and business environment; Information technology and systems
Keyword(s)
IT security, cybersecurity, cyber law, data protection, privacy, data security
Volume
33
Journal Pages
798–804
ISSN (Online)
2194-4172
Journal Article
IEEE Transactions on Dependable and Secure Computing PP (99): 1–14
Georg T. Becker (2017)
Subject(s)
Information technology and systems
Keyword(s)
Robust fuzzy extractor, physical unclonable functions (PUFs), helper data manipulation attacks
Volume
PP
Journal Pages
1–14
ISSN (Print)
1545-5971
Subject(s)
Economics, politics and business environment; Information technology and systems; Technology, R&D management
Keyword(s)
IT security, cybersecurity, security law, network and information security, EU law, critical infrastructure protection, government ICT systems
Volume
33
Journal Pages
648–656
ISSN (Online)
2194-4172
Journal Article
IEEE Transactions on Computers PP (99): 1–13
Pawel Swierczynski, Georg T. Becker, Amir Moradi, Christof Paar (2017)
Subject(s)
Information technology and systems; Technology, R&D management
Keyword(s)
Bitstream encryption vulnerability, FPGA security, bitstream fault injection, automated key recovery, AES
Volume
PP
Journal Pages
1–13