Cyber-Search and Cyber-Seizure

2014 ◽  
pp. 471-514
Author(s):  
Catherine B. Lotrionte
Keyword(s):  
Cyber Security ◽  
Security Policy ◽  
Computer Systems ◽  
Fourth Amendment ◽  
Legal Framework ◽  
Executive Branch ◽  
Electronic Communications ◽  
Cyber Threats ◽  
Individual Privacy ◽  
The Government

This chapter discusses the nature of cyber threats against government and private computer systems, describing some steps the government has taken and the challenges involved in protecting those systems. The chapter argues that a national security approach for cyber security policy is the most promising option for preventing these cyber threats while operating within the domestic legal framework. After a review of the President's constitutional authorities to protect the nation from traditional threats, the chapter concludes that the President has some power to monitor Internet communications in transit within the United States when the communications threaten the welfare of the nation. The chapter recommends that this authority be augmented by Congressional action through legislation. The President's powers in cyber security, even given Congressional support, however, are still restrained by the protections the Fourth Amendment provides for traditional forms of communication and individual privacy. Although there is limited Fourth Amendment precedent in the area of cyber security, the well-established exceptions to the Fourth Amendment requirements, based on consent, special governmental needs and the reasonableness of the search or seizure, provide a legal basis for executive branch action to protect critical infrastructures and their computer systems. As the Courts have long held, these exceptions allow the government to conduct searches or seizures without being bound by all of the requirements of the Fourth Amendment. If the government develops its cyber security policy in line with these exceptions, this chapter argues the government can both protect critical computer systems and operate within Fourth Amendment doctrine that recognizes the legitimacy of privacy in electronic communications.

Cyber-Search and Cyber-Seizure

2012 ◽  
pp. 308-351
Author(s):  
Catherine B. Lotrionte
Keyword(s):  
Cyber Security ◽  
Security Policy ◽  
Computer Systems ◽  
Fourth Amendment ◽  
Legal Framework ◽  
Executive Branch ◽  
Electronic Communications ◽  
Cyber Threats ◽  
Individual Privacy ◽  
The Government

This chapter discusses the nature of cyber threats against government and private computer systems, describing some steps the government has taken and the challenges involved in protecting those systems. The chapter argues that a national security approach for cyber security policy is the most promising option for preventing these cyber threats while operating within the domestic legal framework. After a review of the President’s constitutional authorities to protect the nation from traditional threats, the chapter concludes that the President has some power to monitor Internet communications in transit within the United States when the communications threaten the welfare of the nation. The chapter recommends that this authority be augmented by Congressional action through legislation. The President’s powers in cyber security, even given Congressional support, however, are still restrained by the protections the Fourth Amendment provides for traditional forms of communication and individual privacy. Although there is limited Fourth Amendment precedent in the area of cyber security, the well-established exceptions to the Fourth Amendment requirements, based on consent, special governmental needs and the reasonableness of the search or seizure, provide a legal basis for executive branch action to protect critical infrastructures and their computer systems. As the Courts have long held, these exceptions allow the government to conduct searches or seizures without being bound by all of the requirements of the Fourth Amendment. If the government develops its cyber security policy in line with these exceptions, this chapter argues the government can both protect critical computer systems and operate within Fourth Amendment doctrine that recognizes the legitimacy of privacy in electronic communications.

scholarly journals Does Lebanon possess the capabilities to defend itself from cyber-theats? Learning from Estonia's experience

2019 ◽  
Author(s):  
◽  
Kristofas Barakat
Keyword(s):  
International Relations ◽  
National Security ◽  
Cyber Security ◽  
Security Policy ◽  
Legal Framework ◽  
Research Literature ◽  
Complex Nature ◽  
Profound Impact ◽  
Cyber Threats ◽  
Security Research

The growing danger of cyber-threats has forced many states to develop and strengthen their cyber-security capabilities. The complex nature of cyber-threats has a profound impact on traditional international relations, as many states today consider cyberspace as the greatest challenge to their national security. Research literature on cyberspace and cyber-threats is particularly limited in the case of Lebanon, despite Lebanon’s interesting cyber-threats history. The domination of traditional security dilemmas have restricted Lebanon from developing a successful cyber-security. The lack of attention and development for cyber-security has made Lebanon an appealing target for various actors to conduct their cyber-operations. The objective of the thesis is to determine whether Lebanon has the ability to defend itself from cyber-threats in spite of a missing cyber-security policy. The thesis offers an analysis of Lebanon’s current conditions with regard to cyber-security at various levels. The thesis employs the international legal framework on cybercrime, the Budapest Convention, in order to assess Lebanon’s capabilities to counter cyber-threats. Furthermore, this study utilizes Estonia, a small Baltic nation considered as one of the leaders in the field, as a comparative case to further examine Lebanon’s cyber-security and identify areas that would bolster Lebanon’s capabilities.

scholarly journals Cybersecurity: Toward a Meaningful Policy Framework

2018 ◽  
Author(s):  
Peter M. Shane
Keyword(s):  
Cyber Security ◽  
Security Policy ◽  
Legal Framework ◽  
Public Understanding ◽  
Policy Framework ◽  
Military Effectiveness ◽  
The Public ◽  
Trade Offs ◽  
National Debate ◽  
Sharing Responsibility

This critique of Karson K. Thompson’s note, "Not Like an Egyptian: Cybersecurity and the Internet Kill Switch Debate," argues that the U.S. lacks a framework of laws and regulations, "smart" or otherwise, that adequately incentivizes the parties with the greatest capacity to improve our cyber security to do so. It attributes the poor state of U.S. cyber policy to the "bewildering array of overlapping responsibilities" scattered among government offices and departments; the difficult imperative of sharing responsibility among military and civilian authorities; the fact that most of the networks (and the dependent critical infrastructures) that need protecting are in private hands; and the lack of public understanding of the kinds of regulation that are necessary or appropriate. The essay argues that meaningful progress towards an adequate legal framework depends on a broad national debate aimed at defining the public good with regard to cyber-security, and the inevitable trade-offs among security, privacy, productivity, economic growth, organizational flexibility, military effectiveness, government transparency, and accountability that must be confronted in making sensible cyber-security policy.

scholarly journals Cybersecurity Policy and Its Implementation in Indonesia

2016 ◽  
Vol 4 (1) ◽  
pp. 61 ◽  
Author(s):  
Muhamad Rizal ◽  
Yanyan Yani
Keyword(s):  
Cyber Security ◽  
Cyber Attacks ◽  
The State ◽  
Nation State ◽  
Counter Measures ◽  
Cyber Threats ◽  
Unitary State ◽  
The Republic ◽  
The Government ◽  
State Defense

The purpose of state defense is to protect and to save the integrity of the Unitary State of the Republic of Indonesia, the sovereignty of the state, as well as its security from all kinds of threats, whether they are military or non-military ones. One of the non-military threats that potentially threatens the sovereignty and security of the nation-state is the misuse of technology and information in cyberspace. The threat of irresponsible cyber attacks can be initiated by both state and non-state actors. The actors may be an individual, a group of people, a faction, an organization, or even a country. Therefore, the government needs to anticipate cyber threats by formulating cyber security strategies and determining comprehensive steps to defend against cyber attacks; its types and the scale of counter-measures, as well as devising the rules of law. 

Tax Stimulus: The Third Direction for U.S. Government Cybersecurity Policy

2015 ◽  
Vol 12 (4) ◽  
pp. 801-808
Author(s):  
Kenneth Carlberg
Keyword(s):  
Cyber Security ◽  
General Public ◽  
Security Policy ◽  
Specific Solution ◽  
The Third ◽  
Specific Direction ◽  
The Government ◽  
The U.S

Abstract This paper proposes a new direction for U.S. Government cyber policy focusing on stimulus that indirectly incites actions by others to improve cybersecurity protection. To date, the U.S. government has relied on two directions to establish a foundation for cyber security policy: legislative and informative. The former is realized as legislative laws or regulation that provide specific direction to companies or the general public. The latter involves the production and dissemination of information, which is realized in three forms: guidelines, response efforts, and testbeds/pilots. This paper proposes a new “carrot and stick approach” that incorporates both taxes and tax rebates to stimulate solutions that address problems without the government dictating a specific solution.

scholarly journals Industrial control systems: The biggest cyber threat

2020 ◽  
Vol 4 (1) ◽  
pp. 044-046
Author(s):  
Beretas Christos P
Keyword(s):  
Control Systems ◽  
Cyber Security ◽  
Security Policy ◽  
Security Requirements ◽  
Security Policies ◽  
Western World ◽  
Control Analysis ◽  
Industrial Control ◽  
Industrial Control Systems ◽  
Cyber Threats

Industrial control systems (ICS) are critical, as in these systems, cyber threats have the potential to affect, disorganize, change their mode of operation, act as an information extraction vehicle, and ultimately turn against itself. Creating risks to the system itself, infrastructure, downtime, leakage of sensitive data, and even loss of human life. Industrial control systems (ICS) are vital to the operation of all the modern automated infrastructure in the western world, such as power plant and power stations. Industrial control systems (ICS) differ from the traditional information systems and infrastructures of organizations and companies, a standard cyber security strategy cannot be implemented but part of it adapting to the real facts and needs of each country, legislation and infrastructure. These systems require continuous operation, reliability and rapid recovery when attacked electronically with automated control, isolation and attack management processes. Incorrect settings and lack of strategic planning can lead to unprotected operation of critical installations, as they do not meet the cyber security requirements. Industrial control systems (ICS) require special protection in their networks, as they should be considered vulnerable in all their areas, they need protection from cyber attacks against ICS, SCADA servers, workstations, PLC automations, etc. Security policies to be implemented should provide protection against cyber threats, and systems recovery without affecting the operation and reliability of operating processes. Security policies such as security assessment, smart reporting, vulnerability and threat simulation, integrity control analysis, apply security policy to shared systems, intrusion detection and prevention, and finally firewall with integrated antivirus and sandbox services should be considered essential entities.

scholarly journals Three Perspective Theory of Cyber Sovereignty dalam Strategi Keamanan Siber Singapura

2021 ◽  
Vol 21 (2) ◽  
pp. 171-184
Author(s):  
Muawwan Muawwan
Keyword(s):  
Southeast Asia ◽  
Cyber Security ◽  
Textual Analysis ◽  
Qualitative Approach ◽  
Security Strategy ◽  
Cyber Threats ◽  
Perspective Theory ◽  
Big Picture ◽  
The Government ◽  
Cyberspace Security

Abstract   The escalation of cyber threats in Singapore has prompted the country to intensify its cyberspace security protection. Singapore then implemented numerous strategies by collaborating across agencies and actors to obtain a protective cyberspace security system. This research aimed at figuring out Singapore Cyber Security Strategy (SCSS) documents comprehensively throughout textual analysis based on qualitative approach of an emerging-dominant elements in documents such as actor, instrument, politic, economy, research, and collaboration which were cooperated within actors. The author also fulfilled this analysis using qualitative approach to measure the data relation and the big picture of SCSS documents. Finally, the author found that Singapore’s strategy in applications and infrasctructure aspects, the government intervened them intensively. Singapore, one of the highest technological expertise countries in Southeast Asia, was fuflnerable getting the threats or attacks. So, this country was regulating an excellent cyber system and infrastructure to proctect their cyber management system secure. Meanwhile, Singapore’s policy in core aspects was a transfer due to the fact that Singapore was multi-ethnical and multi-culturalism country. Thus, Singapore’s strategy for ideological aspects was not regulated significantly in SCSS documents.   Keywords: Cyber Security Strategy, Data Relation, Sovereignty   Abstrak   Eskalasi ancaman terhadap ruang siber yang terjadi di Singapura telah mendorong negara tersebut untuk meningkatkan proteksi keamanan ruang sibernya. Singapura kemudian menerapkan berbagai strategi dengan cara menjalin kerjasama lintas instansi dan aktor untuk memperoleh sistem keamanan ruang siber yang lebih protektif. Tulisan ini bermaksud untuk memahami dokumen Singapore Cyber Security Strategy (SCSS) secara komprehensif dengan melakukan analisis kontekstual berdasarkan pendekatan kualitatif terhadap sejumlah unsur yang dominan muncul di dalam dokumen seperti aktor, instrument, politik, ekonomi, penelitian, dan kolaborasi yang dibangun di antara para aktor. Penulis juga melengkapi analisis ini dengan pendekatan kuantitatif untuk mengukur relasi data dan kecenderungan yang tergambar dari dokumen SCSS tersebut. Hasilnya, penulis menemukan bahwa pada level strategi di sektor application dan infrastruktur, pemerintah Singapura memiliki intervensi penuh dalam mengatur seluruh aktivitas di kedua aspek tersebut. Sebagai salah satu negara yang cukup signifikan di dalam pengelolaan teknologinya di kawasan Asia Tenggara, maka Singapura secara eksklusif berupaya membangun sistem dan infrastruktur siber yang mumpuni untuk melindungi tata kelola ruang siber mereka dari berbagai ancaman. Berbeda pada aspek core yang bersifat lebih terbuka (transfer) lantaran banyak dipengaruhi oleh multietnis dan multikulturalisme. Sehingga proteksi terhadap hal-hal yang bersifat ideologis tidak banyak diatur di dalam dokumen SCSS.   Kata kunci: Kedaulatan, Relasi Data, Strategi Keamanan Siber

National Security Policy and Strategy and Cyber Security Risks

2016 ◽  
pp. 22-48 ◽  
Author(s):  
Olivera Injac ◽  
Ramo Šendelj
Keyword(s):  
National Security ◽  
Cyber Security ◽  
Security Policy ◽  
National Policy ◽  
Internet Security ◽  
Cyber Attacks ◽  
National Security Policy ◽  
Security Risks ◽  
Cyber Threats ◽  
Policy And Strategy

This chapter gives explanation on theoretical framework of the national security policy and strategy. Moreover, it analyzes selected countries approaches to cyber security in national policy and how countries build their capacities to face with risks, and address objectives in some cyber security policies. Also, in this chapter are described different sorts and sources of cyber threats, techniques of cyber attacks and frequently used tools (software and hardware) by cyber attackers. In addition, according with Symantec's and Kaspersky's annual report about Internet security threats for 2014, were analyzed the most important cyber threats and attacks during 2013. Furthermore, the chapter shows organization structure of cyber security system of Montenegro, statistical analysis of users activities in cyber space and cyber incidents that happened in Montenegro during 2014.

scholarly journals Term Paper on The Nature of Cyber Crime and Cyber Threats: A Criminological Review

2020 ◽  
Vol 1 (1) ◽  
pp. 1-9
Author(s):  
Ashraful Mozid ◽  
Nelufer Yesmen
Keyword(s):  
Developing Countries ◽  
Secondary Data ◽  
Developed Countries ◽  
Legal Framework ◽  
Criminal Court ◽  
Point Of View ◽  
Cyber Threats ◽  
Border Conflicts ◽  
The Government ◽  
The Impact

Cybercrime is one of the fastest-growing criminal activities in contemporary age. The first recorded cybercrime happened in France in the year 1820. It was not as sophisticated as cybercrime we know in our world today, but, still, that was a crime. Cybercrime has evolved globally as the online platform is progressing. While progress is made in the battle against cybercrime there still remains a wide gap in the consistency of laws across international borders. The main objectives of this study are to explore the nature of cybercrime in developing countries, find out the cyber threats for terrorist activities and explain cybercrime and threats from criminological aspects. This is a descriptive study which is based on secondary data. This study is based on previous researches & studies. this paper discusses the nature of cybercrime in developing countries. It could allow developed countries to understand better the national and international effects of that cyber threats, to determine the conditions of current regional and international agreements, and to help countries create a sound legal framework. And then we notice the impact of cyber threats all over the world. At last, we discuss cybercrime from criminological point of view. Cybercrime is not limited to two neighboring countries and cross-border conflicts; an attempt could be conducted from another world. It is fearful to see cyber wars as the easiest way to carry out sabotaging rather than wars such as cold war, chemical and biological wars, terrorist wars or jihadist attacks. The international legal framework aims by the International Criminal Court to keep offenders accountable for their actions. The government has by far the biggest burden and obstacle in raising knowledge of cybercrime among the people.

2021-22 Innovative Technologies to Prevent IP Cyber Attacks

2021 ◽  
pp. 84-94
Author(s):  
Mohammed. I. Alghamdi ◽  
Keyword(s):  
Intellectual Property ◽  
National Security ◽  
Cyber Security ◽  
Security Policy ◽  
Secondary Data ◽  
The United States ◽  
Cyber Attacks ◽  
Innovative Technologies ◽  
Government Organizations ◽  
Cyber Threats

The cyber security risks on Intellectual Property (IP) have unfortunately become the center of media attention quite recently. The cyber domain has risen to the front position of national security policy in the United States. This growth has created room for developing a lot of innovative technologies to prevent IP cyber-attacks. Usually, cyber-attacks target private data. But cyber-attacks have recently expanded their threat level to intellectual property. These threats affect companies, people, and even national security. Cyber threats to IP will be victimized by globalization. Hence, this article is aimed to explore existing innovative technologies used to prevent IP cyber-attacks and their future scope. To find out the existing technologies used in the prevention of cyber-attacks, secondary data will be used from recent reports by various public and government organizations, research papers, and news portals, and other relevant sources. Since cyber threats are increasing, a comprehensive, multinational strategy is needed for making better cyber security infrastructure. This strategy would improve international relations, protect international supply chains, innovation, and reduce financial losses.

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