Legal aspects of security in cyberspace

Abstract

: Cyber is a relatively new, virtual space, where intensive communication, business, banking, criminal, and military activities are in progress. Those activities create effects that national legal systems and the international legal order have never faced before. These features and capabilities of cyberspace open a number of substantive legal and security issues and di-lemmas. Regulation of cyberspace with legal norms is one of the biggest challenges that modern states face. There is a widespread debate in various areas of law regarding the applicability of existing legal rules and standards in cyber space. At the same time, efforts to generate new rules specific to cyber space are being made, where existing rules cannot be properly applied. For certain topics opinions are divided and some issues remain open. This paper provides an analysis of the legal aspects of the functioning in cyberspace, as well as a review of the process of normative regulation in this space, with a special focus on European legal regulation. The paper emphasizes the spheres of law which, according to the authors’ opinion, are most affected by the implications of cyber activities, and consequently show the most significant step forward in terms of creating a legal framework that forms the basis for security in cyberspace.