Surveillance, Privacy, and Due Diligence in Cybersecurity: An International Law Perspective

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Author(s): Joanna Kulesza (University of Lodz, Poland)
Copyright: 2015
Pages: 19
Source title: Handbook of Research on Digital Crime, Cyberspace Security, and Information Assurance
Source Author(s)/Editor(s): Maria Manuela Cruz-Cunha (Polytechnic Institute of Cavado and Ave, Portugal)and Irene Maria Portela (Polytechnic Institute of Cávado and Ave, Portugal)
DOI: 10.4018/978-1-4666-6324-4.ch024

Keywords: Criminal Science and Forensics / Digital Crime & Forensics / Information Science Reference / Security & Forensics

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Abstract

The chapter covers the international law due diligence principle as applied to the prevention of transboundary cyberthreats. The analysis is based on the work of the International Law Commission referring to state responsibility and international liability as applicable to the challenge of international cybersecurity. The first attempts of this application by European international organizations are discussed. This is done in the light of the current political challenge of engaging all states in the discussion on the appropriate standard of cyberthreats prevention. Reaching to the no harm principle of international law, the author argues that all states need to take all necessary measures in order to prevent significant transboundary damage originated by online activities of individuals within their jurisdiction, power, or control. Should they fail to show due diligence they may be held internationally responsible for an omission contrary to their obligation of preventing harm to other states, foreigners, or shared resources.

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Surveillance, Privacy, and Due Diligence in Cybersecurity: An International Law Perspective

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