Cyber terrorism challenges: The need for a global response to a multi-jurisdictional crime

With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism” at the present time, many international organisations have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks; they require a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Without the aid of international organisations, it is difficult to prevent cyber terrorism. At the same time, international organisations determine which state court, or international court, has the authority to settle a dispute. The objective of this paper is to analyse and review the effectiveness and sufficiency of the current global responses to cyber terrorism through the exercise of international jurisdiction. This article also touches upon the notion of cyber terrorism as a transnational crime and an international threat; thus, national regulations alone cannot prevent it. The need for an international organisation to prevent and defend nations from cyber terrorism attacks is pressing. This paper finds that, as cyber terrorism is a transnational crime, it should be subjected to universal jurisdiction through multinational cooperation, and this would be the most suitable method to counter future transnational crimes such as cyber terrorism.     

THE PROSECUTION AND PUNISHMENT OF INTERNATIONAL TERRORISTS IN FEDERAL COURTS: 1980–1998*

Research Summary: This study reports findings from the American Terrorism Study. The data show that from 1980 to 1998, the U.S. government periodically tried accused domestic and international terrorists through the use of traditional criminal trials. The extent to which federal prosecutors “explicit politicized” these trials (and the success that the politicization had) varied among the types of terrorist groups. Explicit politically was not found to be successful in trials of domestic terrorists but seemed to work for trials involving international terrorists. Over the 20‐year period, however, federal prosecutors began to rely more heavily (and more successfully) on the politicization of the criminal acts by international terrorists. The results also show that international terrorists, like their domestic counterparts, are much less likely to plead guilty. Finally, the study shows that these traditional trials have resulted in international terrorists being punished more severely than domestic terrorists. Unfortunately, the practice of performing these politicized trials within the venue of the federal court system may have been compromised by defense strategies that capitalized on the due process procedures so prominent in the U.S. system of justice. In the wake of the terrorism attacks in September 2001 by foreign nationals, the federal government began to take the next step in its “war against terrorism” by instituting the use of military tribunals. Policy Implications: Although the federal government has been relatively successful in the prosecution of terrorism in America in the past two decades, the movement toward the use of military tribunals has perhaps become inevitable (as the use of the traditional criminal trial for international terrorists manifests weaknesses). In the short term, it is likely that several international terrorism cases stemming from the September 2001 attacks and other subsequent attacks (which may be presumed) will be tried in federal courthouses across the country (even with the advent of military tribunals). Federal prosecutors will need to be trained on the specifics of trying these kinds of cases. In the long term, the use of military tribunals will provide greater ease of prosecution for the federal government. Long‐term consequences such as retaliatory attacks and attacks aimed at the release of political prisoners cannot be ignored by policy makers.     

Revisiting the Role of Private Military and Security Companies

Abstract

This essay addresses the role of private military and security companies (PMSCs) in security governance. In this context, it offers a historical overview of some of the main developments in the evolution of private warfare and critically discusses some of the key challenges confronting the quest for holding PMSCs accountable in accordance with international human rights and humanitarian norms.     

Changing household patterns of young couples in low- and middle-income countries

While young couples in Western societies generally form a new household, in low-income societies new unions are often incorporated into existing households. However, there is a growing tendency in the nuclearization of households as intergenerational co-residence is undermined by growing wage labour opportunities that provide incentives for rural–urban migration and because small nuclear families adapt better to urban societies characterized by high geographic and social mobility. The objective of this paper is therefore to jointly study for a selection of low- to middle-income countries the socioeconomic and demographic conditions of women aged 15–34 and their partners in relation to their household patterns with particular interest in the comparison of nuclear and extended households. The analysis will mainly rely on data from the Integrated Public Use of Microdata Series International database (https://international.ipums.org/international/) from which census samples for the last two or latest available census rounds for 18 countries have been extracted. Results showed that women being of older age (within the 15–34 range) and at the same time having attained at least primary school education, having a husband who does not work in the primary sector and who is neither much older nor much younger were all associated with living in a nuclear household. However, individual factors explained only a small part of the overall variation in the household arrangements of young couples, suggesting that differences between countries in these dimensions do not explain much of the difference in household structure. Rather, societal indicators like economic development and the average age at marriage – that were significant in our models – may explain better the overall slow transition towards the nuclear family.     

The environmental legacy of Saddam Husayn: The archaeology of totalitarianism in modern Iraq

The environmental security risk which Iraq poses to itself and its neighbors is considerable. Iraq's enormous investments in military industries, including weapons of mass destruction, well-documented practice of environmental warfare, and extensive aggression against internal ethnic minorities and neighbors, have created long-term ecological problems which have degraded the air, water, and soil, negatively effected public health, and intentionally displaced populations. These and many other problems will confront any successor regime and the international community. Some of the environmental problems and their causes are reviewed here. It is suggested that detailed study and planning should begin immediately to catalog and address the environmental legacy.     

Cyber Weapons Convention

World leaders are beginning to look beyond temporary fixes to the challenge of securing the Internet. One possible solution may be an international arms control treaty for cyberspace. The 1997 Chemical Weapons Convention (CWC) provides national security planners with a useful model. CWC has been ratified by 98% of the world’s governments, and encompasses 95% of the world’s population. It compels signatories not to produce or to use chemical weapons (CW), and they must destroy existing CW stockpiles. As a means and method of war, CW have now almost completely lost their legitimacy. This article examines the aspects of CWC that could help to contain conflict in cyberspace. It also explores the characteristics of cyber warfare that seem to defy traditional threat mitigation.     

A typology of hackers: Classifying cyber malfeasance using a weighted arc circumplex model

Cyber attacks continue to increase in frequency and variety, making cyber malfeasance a rising area of study and a major policy issue. Categorizing cyber attackers aids targeted organizations in efficiently directing resources to enhance security. However, extant hacker typologies do not fully account for the multifaceted nature of cyber malfeasance, including the rise in socially and ideologically motivated hacking (e.g. crowdsourcing, hacktivism). I clarify the current state of the field by uniting recent case studies on hackers with existing categorization techniques. Previous researchers have employed circumplex models—visualizations which depict relationships and boundaries between groups—as a way to organize hacker types. I propose an updated model—a weighted arc circumplex model—that is designed to represent the multidimensional nature of contemporary hacker types by offering a means of visually representing multiple motivations simultaneously. Finally, I demonstrate how archetypical circumplex models can be wed with sociograms to depict social and technical relationships between hacker groups.     

Problems and Prospects of Implementing UN Action against Terrorism

The article deals with two related problems in implementingUnited Nations action against terrorism: first, the ineffectivenessof deterrence when terrorism is motivated by beliefs powerfulenough to provoke suicide attacks; second, the risk that therule of law will be undermined if criminal justice measuresdo not prevent terrorism. A prospective common solution is todevelop aggressive and effective preventive measures explicitlydrawn from rule of law standards. A number of preventive strategies,as well as one evidentiary measure and one international cooperationdevelopment, are discussed. The goal to be achieved is the integrationof human rights guaranteed by the rule of law into a preventivecriminal justice strategy. When terrorist violence is preventedrather than merely punished, and human rights are protected,respect for the rule of law will be not merely safeguarded,but enhanced.     

A U.N. Convention to Regulate PMSCs?

Abstract

In the last 20 years the ruthless competition for natural resources, political instability, armed conflicts, and the terrorist attacks of 9/11 have paved the way for private military and security companies (PMSCs) to operate in areas which were until recently the preserve of the state. PMSCs, less regulated than the toy industry, commit grave human rights violations with impunity. The United Nations has elaborated an international binding instrument to regulate their activities but the opposition of the U.S., U.K., and other Western governments—and from PMSCs, which prefer self-regulation—have prevented any advancement.     

Building a Reputation on National Security: The Impact of Stereotypes Related To Gender and Military Experience

In a post‐9/11 world, all senators must establish their national security credentials with voters. Yet senators do not compete for leadership on an equal basis. Through an analysis of bill sponsorship, Sunday talk show appearances, and interviews with Senate staff, I demonstrate that defense policy is made in a partisan and gendered context. Gender stereotypes favoring male defense leadership create an additional hurdle for women, particularly Democratic women, as they seek to establish their reputations on security. By contrast, a record of military service facilitates senators' efforts to achieve action on their proposals and gain media attention for their views.     

论网络空间自卫权的行使对象问题

网络攻击往往由非国家行为体发起,实践中亦罕见有国家主动承认对网络攻击负责的实例。相应地,由于网络攻击的溯源存在技术、政治和法律方面的难题,受害国很难在传统自卫权的框架下对来自他国的网络攻击行使自卫权。非国家行为体尚不能构成传统武力攻击情境下的自卫权行使对象,更不宜成为网络空间自卫权的行使对象。作为替代,近年来将"不能够或不愿意"理论适用于网络空间自卫权的主张"甚嚣尘上"。"不能够或不愿意"理论表面上具有一定的正当性,但从既有国家归因标准和常规的自卫必要性的角度来看,该理论本质上缺乏实然法层面的法律依据,而且在适用时将面临一系列的法律不确定性。中国在参与网络空间国际造法的进程中,应当警惕将非国家行为体作为网络空间自卫权行使对象的主张,并应努力防止"不能够或不愿意"理论的引入和滥用,以遏制网络空间的军事化。     

THE IMPACT OF BRITISH COUNTERTERRORIST STRATEGIES ON POLITICAL VIOLENCE IN NORTHERN IRELAND: COMPARING DETERRENCE AND BACKLASH MODELS*

Since philosophers Beccaria and Bentham, criminologists have been concerned with predicting how governmental attempts to maintain lawful behavior affect subsequent rates of criminal violence. In this article, we build on prior research to argue that governmental responses to a specific form of criminal violence—terrorism—may produce both a positive deterrence effect (i.e., reducing future incidence of prohibited behavior) and a negative backlash effect (i.e., increasing future incidence of prohibited behavior). Deterrence‐based models have long dominated both criminal justice and counterterrorist policies on responding to violence. The models maintain that an individual's prohibited behavior can be altered by the threat and imposition of punishment. Backlash models are more theoretically scattered but receive mixed support from several sources, which include research on counterterrorism; the criminology literature on labeling, legitimacy, and defiance; and the psychological literature on social power and decision making. In this article, we identify six major British strategies aimed at reducing political violence in Northern Ireland from 1969 to 1992 and then use a Cox proportional hazard model to estimate the impact of these interventions on the risk of new attacks. In general, we find the strongest support for backlash models. The only support for deterrence models was a military surge called Operation Motorman, which was followed by significant declines in the risk of new attacks. The results underscore the importance of considering the possibility that antiterrorist interventions might both increase and decrease subsequent violence.     

对网络恐怖主义的忧虑:析国会对此的反应

早在9·11事件之前,计算机安全在美国实际上就是一个令人忧虑的问题,国会和政府对此都采取了相应的行动。尽管此前已意识到计算机安全的重要性,9·11事件的发生成为进一步加速国会进行相关立法的催化剂。该事件后,国会通过了一系列涉及计算机安全的法律,另外一些立法的议案也被提交到国会进行讨论。这些法律对美国公民、外国公民及整个世界都将有深远影响。     

“In the public interest”: The privacy implications of international business-to-business sharing of cyber-threat intelligence

This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence.The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date.This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally.In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.     

Data Breach,Privacy, and Cyber Insurance: How Insurance Companies Act as “Compliance Managers” for Businesses

While data theft and cyber risk are major threats facing organizations, existing research suggests that most organizations do not have sufficient protection to prevent data breaches, deal with notification responsibilities, and comply with privacy laws. This article explores how insurance companies play a critical, yet unrecognized, role in assisting organizations in complying with privacy laws and dealing with cyber theft. My analysis draws from and contributes to two literatures on organizational compliance: new institutional organizational sociology studies of how organizations respond to legal regulation and sociolegal insurance scholars' research on how institutions govern through risk. Through participant observation at conferences, interviews, and content analysis of insurer manuals and risk management services, my study highlights how insurers act as compliance managers for organizations dealing with cyber security threats. Well beyond pooling and transferring risk, insurance companies offer cyber insurance and unique risk management services that influence the ways organizations comply with privacy laws.     

Multilateral cybersecurity governance: Divergent conceptualizations and its origin

Conventional wisdom holds that none of the main global challenges of the 21st century—whether it is climate change, nuclear weapons or cyber insecurity—can be adequately addressed without proper international cooperation. However, multilateral cooperation in many issue areas including cybersecurity is in a state of gridlock. Diverging conceptualizations of the subject matter has been offered as one driving factor behind the difficulty to cooperate at the international level.This paper contends that while international cooperation in cybersecurity has been difficult because of diverging definitions and conceptualizations of the subject, which are apparent in the international system, the problem grew into a state of gridlock because this divergence is anchored in the incompatibility of the ways in which major cyber powers organize their respective political systems at home. As such, it is argued that, the role of the multilateral system to bring about any significant progress in cybersecurity governance is very limited.     

核损害赔偿的基本原则

核能的和平发展和利用,是20世纪人类最重大的科技成就之一。核电站于上世纪50年代左右开始起步,到本世纪已经达到了商业化发展的水平,成为一种具有吸引力的能源。但是,核能的和平利用在给人类社会带来巨大好处的同时,也伴随着巨大的风险。随着前苏联切尔诺贝利和日本福岛等重大核事故的不断发生,核安全特别是核损害赔偿问题日益引起国际社会的广泛关注。通过对与核损害赔偿有关的国际公约和各国国内法进行系统整理,总结出核损害赔偿的基本原则,可为我国制定《核安全法》提供有益的经验。     

Media presentations of Vietnam's cybersecurity law: A comparative approach with corpus-based critical discourse analysis

The study uses corpus-based critical discourse analysis to examine the divergent framing and positioning of cybersecurity issues and Vietnam's Cybersecurity Law by state-sponsored media and international media through topic modeling, bigram and trigram collocation, and concordance analyses. The findings reveal that Vietnam's national media tend to justify the law by emphasizing human-related cyber threats, legitimizing national security, and delegitimizing opposing forces. In contrast, international media outlets focus on providing critical comments, criticism, and real-life events of human rights violations in the country to question and confront the law's legitimacy. The study also analyzes the competitive and tense nature of the discourses, characterized by antagonistic responses between the two media sources.     

From papyrus to cyber: how technology has directed law enforcement policy and practice

Abstract

Cyber technology, both explicitly and implicitly, impacts every facet of local, state, national and international criminal justice operations. Unfortunately, technological changes, including cyber technologies, are rarely well thought out and may have unintended negative consequences. Additionally technology, and particularly cyber technology, evolves at a much faster pace than our understanding of the ethics, laws and policies involved. Consequently, citizens, criminals and justice professionals often rely on technology without the benefit of legal protections or explicit agency policy. This paper will examine how technology, both historically (non cyber) and contemporarily (cyber), has positively and negatively affected one aspect of the Criminal Justice enterprise – law enforcement.     

从使用武力法看保护的责任理论

保护的责任是21世纪初国际上出现的新理论。将该理论中的军事干涉因素与《联合国宪章》关于使用武力的规定进行比较,观察近10年来国际社会的有关实践,可以认为该理论并未在国际法上改变现行的使用武力法规则,国际社会对该理论中军事干涉问题并未形成共识。现阶段对以军事手段实施保护责任应持谨慎态度。