Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Whos really in control of whats happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internets challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. Its a book about the fate of one idea–that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Googles struggles with the French government and Yahoos capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBays struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.
This authoritative Handbook provides a clear and detailed introduction to cyber crime, offering you an effective operational guide to the complexities and challenges of investigating cyber-related crimes.
Written by a team of cyber crime experts, this unique book provides all police practitioners and partners with an operational reference and resource addressing all manner of cyber crime threats, including online anti-social behavior, hate crime, organized cyber crime, fraud, online child exploitation, and cyber terrorism and the terrorist use of the Internet. Presented in three main parts, Part 1 offers an overview of the different types of cyber crime along with explanations of the national structures and strategies in place to combat them, as well as case studies and scenarios. Part 2 offers practical guidance on the different categories of cyber crime and features contributions from organizations such as the National Crime Agency, and Part 3 covers the key legislation, police powers and points to prove relevant to each key category of offending and is written by the Police National Legal Database. All sections in Part 3 are accompanied by explanatory notes and related case law, ensuring quick and clear translation of cyber crime powers and provisions.
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The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments.
The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.
Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. Americas obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of intellectual privacy, protection from surveillance or interference when we are engaged in the processes of generating ideas – thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
A Guide to National Security offers an analysis of the threats and policy responses facing the UK, presented within the framework of the Government's National Security Strategy and the Strategic Defence and Security Review. It explores the processes and developments which have shaped the transformation of national security over the last three decades, and critically examines the processes of politicisation and securitisation that have delivered the new strategic vision.
Presented in three parts, the book has taken one of the key recommendations from the National Security Strategy – collaboration between police and national security agencies – and used this as both the viewpoint from which to assess the current state of play regarding the UK's national security, as well as the approach to identifying future threats and creating policies and tactics to deal with them. Part One: Threats sets the scene for the current status of national security in the UK and relates this to the rest of the world, before moving on to the myriad of possible threats facing governments and intelligence services, from organised crime and terrorism to cyber-threats and failed states. Part Two: Responses looks at the interaction between governments and other agencies in response to a threat, how that framework functions and is organized, as well as the action or response taken. Finally, Part Three: Strategies offers a range of considerations for the future, including making a case for military restructuring, discussing domestic policies regarding radicalisation and other internal security issues, and the building of partnerships with the EU and the rest of the world, as well as within current international organizations, such as the UN and NATO. Throughout, the book presents opinions from leading figures across the agencies, including the National Security Council and members of ACPO, as well as case studies and suggestions for further investigation.
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