Pub Date : 2023-01-06DOI: 10.1080/13600869.2022.2164838
Indranath Gupta, Lakshmi Srinivasan
ABSTRACT The passing of the ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021’ rekindles the age-old question about the scope of intermediary liability in India. The 2021 Code is not the first one to have raised this question. There is a long history of what the law in India wants the intermediaries to do in terms of managing the online space they own. At times, the legal structure has not made the expectations certain and definitive. The article reflects on the scope of intermediary liability in India and the extent of uncertainty that intermediaries face within the existing framework. It makes certain recommendations about bringing certainty for intermediaries. In the process, this article consults Legislation and Guidelines linked with intermediary liability. There is a critical assessment of various judgements delivered on the issue of intermediary liability in India.
{"title":"Evolving scope of intermediary liability in India","authors":"Indranath Gupta, Lakshmi Srinivasan","doi":"10.1080/13600869.2022.2164838","DOIUrl":"https://doi.org/10.1080/13600869.2022.2164838","url":null,"abstract":"ABSTRACT The passing of the ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021’ rekindles the age-old question about the scope of intermediary liability in India. The 2021 Code is not the first one to have raised this question. There is a long history of what the law in India wants the intermediaries to do in terms of managing the online space they own. At times, the legal structure has not made the expectations certain and definitive. The article reflects on the scope of intermediary liability in India and the extent of uncertainty that intermediaries face within the existing framework. It makes certain recommendations about bringing certainty for intermediaries. In the process, this article consults Legislation and Guidelines linked with intermediary liability. There is a critical assessment of various judgements delivered on the issue of intermediary liability in India.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"61 1","pages":"294 - 324"},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84668816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13600869.2022.2061888
Paul Arnell, B. Faturoti
ABSTRACT Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been increased recourse to transnational and extraterritorial jurisdiction. This is misplaced. There are a number of factors militating against it. The foundations of international law, human rights, the interests of justice, complexity and cost and the underlying purposes of criminalisation conspire to demand a reconsideration of the use of transnational and extraterritorial jurisdiction in the fight against cybercrime. While there are undoubted difficulties attendant to the alternative, enhanced subjective territorial regulation and enforcement, it is undoubtedly the most effective long-term means of fighting cybercrime. The normalisation of transnational and extraterritorial cybercrime jurisdiction should be resisted.
{"title":"The prosecution of cybercrime – why transnational and extraterritorial jurisdiction should be resisted","authors":"Paul Arnell, B. Faturoti","doi":"10.1080/13600869.2022.2061888","DOIUrl":"https://doi.org/10.1080/13600869.2022.2061888","url":null,"abstract":"ABSTRACT Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been increased recourse to transnational and extraterritorial jurisdiction. This is misplaced. There are a number of factors militating against it. The foundations of international law, human rights, the interests of justice, complexity and cost and the underlying purposes of criminalisation conspire to demand a reconsideration of the use of transnational and extraterritorial jurisdiction in the fight against cybercrime. While there are undoubted difficulties attendant to the alternative, enhanced subjective territorial regulation and enforcement, it is undoubtedly the most effective long-term means of fighting cybercrime. The normalisation of transnational and extraterritorial cybercrime jurisdiction should be resisted.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"62 1","pages":"29 - 51"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76419105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-09DOI: 10.1080/13600869.2022.2155793
Gusti Ngurah, Parikesit Widiatedja, N. Mishra
ABSTRACT The Indonesian government enacted the Personal Data Protection Law (‘PDP Law’) in September 2022. This legislation was long in the making and intended to be an urgent response to the unprecedented rise in data breaches and illegal online surveillance in the country. The PDP Law mimics several features of the EU’s General Data Protection Regulation but fails to underline provisions for an independent supervisory authority. In this article, we argue that the existence of an independent data protection authority will be crucial in safeguarding the privacy of Indonesians in a meaningful manner and benefit Indonesia’s long-term economic and political interests, including getting international recognition for being a safe data destination. Therefore, we propose that the Indonesian government must set up an organizationally and, more importantly, functionally independent data protection authority at the earliest possible and indicate various ways in which it can do so. This reform will be fundamental in establishing a robust data protection regime in the country, especially given the limitations of Indonesia’s corrupt judicial system and the government’s strong leaning towards digital sovereignty.
印尼政府于2022年9月颁布了《个人数据保护法》(PDP法)。这项立法酝酿已久，旨在对该国空前增多的数据泄露和非法在线监控做出紧急回应。PDP法模仿了欧盟《通用数据保护条例》(General Data Protection Regulation)的几个特点，但没有强调建立独立监管机构的规定。在本文中，我们认为，独立数据保护机构的存在对于以有意义的方式保护印度尼西亚人的隐私至关重要，并有利于印度尼西亚的长期经济和政治利益，包括获得作为安全数据目的地的国际认可。因此，我们建议印尼政府必须尽早建立一个在组织上，更重要的是，在功能上独立的数据保护机构，并指出它可以做到这一点的各种方式。这一改革对于在该国建立健全的数据保护制度至关重要，特别是考虑到印尼腐败的司法体系的局限性和政府对数字主权的强烈倾向。
{"title":"Establishing an independent data protection authority in Indonesia: a future–forward perspective","authors":"Gusti Ngurah, Parikesit Widiatedja, N. Mishra","doi":"10.1080/13600869.2022.2155793","DOIUrl":"https://doi.org/10.1080/13600869.2022.2155793","url":null,"abstract":"ABSTRACT The Indonesian government enacted the Personal Data Protection Law (‘PDP Law’) in September 2022. This legislation was long in the making and intended to be an urgent response to the unprecedented rise in data breaches and illegal online surveillance in the country. The PDP Law mimics several features of the EU’s General Data Protection Regulation but fails to underline provisions for an independent supervisory authority. In this article, we argue that the existence of an independent data protection authority will be crucial in safeguarding the privacy of Indonesians in a meaningful manner and benefit Indonesia’s long-term economic and political interests, including getting international recognition for being a safe data destination. Therefore, we propose that the Indonesian government must set up an organizationally and, more importantly, functionally independent data protection authority at the earliest possible and indicate various ways in which it can do so. This reform will be fundamental in establishing a robust data protection regime in the country, especially given the limitations of Indonesia’s corrupt judicial system and the government’s strong leaning towards digital sovereignty.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"38 1","pages":"252 - 273"},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73953281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-08DOI: 10.1080/13600869.2022.2136934
David Poyton
ABSTRACT Digital platforms are facing a wave of regulatory activity in the UK and EU, primarily targeting their dominance, anti-competitive nature, and misconduct facilitated by their networks. Implementation of the new regulatory regimes is heavily reliant on the cooperation of the platforms themselves and use of their digital architecture, highlighting a potential weakness in the efficacy of the regulatory approach adopted. Though reference is made to the desire to deliver growth, innovation, and competition while minimising burdens on business, the prevalent regulatory tone is one of command and control with a punitive regulatory pitch targeting platforms’ financial interests. This paper presents the hypothesis that pitching towards the more practical motivations of regulatory targets, with a cooperative tone, will yield more successful and economically beneficial outcomes. A context-specific mix of regulatory modes combined with an understanding of the specific characteristics of digital platforms should be the foundation for regulation.
{"title":"The role of regulation in facilitating new business models driven by digital platforms: creating regulatory ecosystems","authors":"David Poyton","doi":"10.1080/13600869.2022.2136934","DOIUrl":"https://doi.org/10.1080/13600869.2022.2136934","url":null,"abstract":"ABSTRACT Digital platforms are facing a wave of regulatory activity in the UK and EU, primarily targeting their dominance, anti-competitive nature, and misconduct facilitated by their networks. Implementation of the new regulatory regimes is heavily reliant on the cooperation of the platforms themselves and use of their digital architecture, highlighting a potential weakness in the efficacy of the regulatory approach adopted. Though reference is made to the desire to deliver growth, innovation, and competition while minimising burdens on business, the prevalent regulatory tone is one of command and control with a punitive regulatory pitch targeting platforms’ financial interests. This paper presents the hypothesis that pitching towards the more practical motivations of regulatory targets, with a cooperative tone, will yield more successful and economically beneficial outcomes. A context-specific mix of regulatory modes combined with an understanding of the specific characteristics of digital platforms should be the foundation for regulation.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"7 1","pages":"227 - 251"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89324848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-29DOI: 10.1080/13600869.2022.2124066
P. Mallet, N. Flayyih, Zeana Ghanim Abdijabar
ABSTRACT The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom’s contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom’s liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom’s liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world.
{"title":"The legal value of Zoom’s contractual terms: A comparative analysis of the UAE and French law","authors":"P. Mallet, N. Flayyih, Zeana Ghanim Abdijabar","doi":"10.1080/13600869.2022.2124066","DOIUrl":"https://doi.org/10.1080/13600869.2022.2124066","url":null,"abstract":"ABSTRACT The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom’s contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom’s liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom’s liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"32 1","pages":"110 - 125"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73513130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-23DOI: 10.1080/13600869.2022.2127558
Sümeyye Elif Biber
Digital constitutionalism in Europe: reframing rights and powers in the algorithmic society by Gio-vanni De Gregorio is a perfectly written and highly necessary in-depth analysis of the role of constitutional law as an overarching framework of values and principles in the algorithmic society. This book is the fi rst comprehensive monograph in legal scholarship on the emerging notion of ‘ digital constitutionalism ’ in Europe. Although the problems caused by advanced technologies have been analysed in terms of fundamental and human rights, this highly comprehensive work has brought a systematic constitutional perspective and a solution to the legal literature.
Gio-vanni De Gregorio的《欧洲的数字宪政:在算法社会中重构权利和权力》对宪法作为算法社会中价值和原则的总体框架的作用进行了完美的、非常必要的深入分析。这本书是第一个全面的专著在欧洲新兴概念的“数字宪政”的法律学术。虽然已经从基本人权和人权的角度分析了先进技术所造成的问题，但这项高度全面的工作为法律文献带来了系统的宪法观点和解决办法。
{"title":"Digital constitutionalism in Europe: reframing rights and powers in the algorithmic society (Cambridge Studies in European Law and Policy)","authors":"Sümeyye Elif Biber","doi":"10.1080/13600869.2022.2127558","DOIUrl":"https://doi.org/10.1080/13600869.2022.2127558","url":null,"abstract":"Digital constitutionalism in Europe: reframing rights and powers in the algorithmic society by Gio-vanni De Gregorio is a perfectly written and highly necessary in-depth analysis of the role of constitutional law as an overarching framework of values and principles in the algorithmic society. This book is the fi rst comprehensive monograph in legal scholarship on the emerging notion of ‘ digital constitutionalism ’ in Europe. Although the problems caused by advanced technologies have been analysed in terms of fundamental and human rights, this highly comprehensive work has brought a systematic constitutional perspective and a solution to the legal literature.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"63 1","pages":"341 - 344"},"PeriodicalIF":0.0,"publicationDate":"2022-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73273618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-25DOI: 10.1080/13600869.2022.2115749
Airlie Hilliard, Emre Kazim, T. Kemp, Kelvin Bageire
ABSTRACT Technological innovation and the resulting automation are increasingly being applied in the workplace, which is a high-risk context where decisions can majorly impact a worker’s life. Consequently, a number of ethical concerns with automated employment decision systems have been raised, with California proposing the Workplace Technology Accountability Act to limit the use of electronic monitoring systems and automated decision systems to specific times of day, activities and locations that must be proven as essential job functions. Workers would also be given the right to know, review and correct data held about them by their employer. In this article, we summarise and discuss the key points of the legislation before providing a commentary, where we identify four key themes: (i) how boundaries can contribute to a healthy work-life balance and protect the privacy of workers; (ii) how the requirement for impact assessments reflects the wider movement towards algorithmic assurance; (iii) the necessary and potentially problematic requirement to share notices and impact assessment reports with the Labor Agency; and (iv) how the Act might conflict with existing laws. Our intended readership is those interested in the regulation of automated employment decision tools, algorithmic assurance, and the potential impact of the proposed legislation.
{"title":"Overview and commentary of the California Workplace Technology Accountability Act","authors":"Airlie Hilliard, Emre Kazim, T. Kemp, Kelvin Bageire","doi":"10.1080/13600869.2022.2115749","DOIUrl":"https://doi.org/10.1080/13600869.2022.2115749","url":null,"abstract":"ABSTRACT Technological innovation and the resulting automation are increasingly being applied in the workplace, which is a high-risk context where decisions can majorly impact a worker’s life. Consequently, a number of ethical concerns with automated employment decision systems have been raised, with California proposing the Workplace Technology Accountability Act to limit the use of electronic monitoring systems and automated decision systems to specific times of day, activities and locations that must be proven as essential job functions. Workers would also be given the right to know, review and correct data held about them by their employer. In this article, we summarise and discuss the key points of the legislation before providing a commentary, where we identify four key themes: (i) how boundaries can contribute to a healthy work-life balance and protect the privacy of workers; (ii) how the requirement for impact assessments reflects the wider movement towards algorithmic assurance; (iii) the necessary and potentially problematic requirement to share notices and impact assessment reports with the Labor Agency; and (iv) how the Act might conflict with existing laws. Our intended readership is those interested in the regulation of automated employment decision tools, algorithmic assurance, and the potential impact of the proposed legislation.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"7 1","pages":"91 - 109"},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90205437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-22DOI: 10.1080/13600869.2022.2114660
Sinta Dewi Rosadi, Andreas Noviandika, Robert Walters, Firsta Rahadatul Aisy
ABSTRACT Privacy and protection of personal data on the Internet have become issues of public concern in Indonesia. There is growing public distrust of institutions that manage personal data. Poor management of personal data provides a fertile ground for cybercrime and lack of accountability, especially in the context of the new digital economy. In response, the Indonesian Communication Ministry drafted the Personal Data Protection Bill, which has been submitted to the parliament. This paper analyzes the PDP Bill to determine whether it meets international data privacy standards. The EU GDPR is selected as the benchmark for assessment as it is regarded as the toughest privacy law worldwide. The study finds that Indonesian citizens do not have the same level of protection as their European counterparts. Nonetheless, the implementation of this bill when it becomes law will lead to a high level of personal data protection in the new digital economy.
{"title":"Indonesia’s personal data protection bill, 2020: does it meet the needs of the new digital economy?","authors":"Sinta Dewi Rosadi, Andreas Noviandika, Robert Walters, Firsta Rahadatul Aisy","doi":"10.1080/13600869.2022.2114660","DOIUrl":"https://doi.org/10.1080/13600869.2022.2114660","url":null,"abstract":"ABSTRACT Privacy and protection of personal data on the Internet have become issues of public concern in Indonesia. There is growing public distrust of institutions that manage personal data. Poor management of personal data provides a fertile ground for cybercrime and lack of accountability, especially in the context of the new digital economy. In response, the Indonesian Communication Ministry drafted the Personal Data Protection Bill, which has been submitted to the parliament. This paper analyzes the PDP Bill to determine whether it meets international data privacy standards. The EU GDPR is selected as the benchmark for assessment as it is regarded as the toughest privacy law worldwide. The study finds that Indonesian citizens do not have the same level of protection as their European counterparts. Nonetheless, the implementation of this bill when it becomes law will lead to a high level of personal data protection in the new digital economy.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"57 1","pages":"78 - 90"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91218324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.1080/13600869.2022.2043093
MacKenzie Common
ABSTRACT This article is a taxonomy of laws used by ‘unfree’ and ‘partly free’ countries to regulate social media platforms and their users. While there are many older laws that can have an effect on social media usage (such as laws on defamation, sedition, and terrorism as well as laws regulating the journalism industry) and some older pieces of legislation will be discussed, the focus of this article will be on regulations that specifically reference social media or the internet. It will explore two categories of regulations, each of which are subdivided into two types of legislation. The first category concerns laws that are targeted at social media users and is divided into laws that regulate the conduct of users and laws designed to dissuade people from using social media. The second category examines laws that are targeted at social media platforms (as opposed to their users) and first considers substantive regulations before moving on to look at procedural regulations. This article attempts to capture the complex interactions between public and private actors. This article also tries to shed light on the morass of local laws that platforms must navigate in order to maintain access to an ever-growing number of jurisdictions.
{"title":"Beyond the usual suspects: a taxonomy of social media regulations in countries with human rights issues","authors":"MacKenzie Common","doi":"10.1080/13600869.2022.2043093","DOIUrl":"https://doi.org/10.1080/13600869.2022.2043093","url":null,"abstract":"ABSTRACT This article is a taxonomy of laws used by ‘unfree’ and ‘partly free’ countries to regulate social media platforms and their users. While there are many older laws that can have an effect on social media usage (such as laws on defamation, sedition, and terrorism as well as laws regulating the journalism industry) and some older pieces of legislation will be discussed, the focus of this article will be on regulations that specifically reference social media or the internet. It will explore two categories of regulations, each of which are subdivided into two types of legislation. The first category concerns laws that are targeted at social media users and is divided into laws that regulate the conduct of users and laws designed to dissuade people from using social media. The second category examines laws that are targeted at social media platforms (as opposed to their users) and first considers substantive regulations before moving on to look at procedural regulations. This article attempts to capture the complex interactions between public and private actors. This article also tries to shed light on the morass of local laws that platforms must navigate in order to maintain access to an ever-growing number of jurisdictions.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"2 1","pages":"1 - 28"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89520767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-07DOI: 10.1080/13600869.2022.2094609
Dimitra Markopoulou
ABSTRACT Critical Infrastructures (CIs) are the backbone of our societal and economic activities. Safeguarding their uninterrupted operation and keeping them safe against different types of threats, from natural disasters to human-induced acts, is of the essence. This analysis focuses on the energy sector mostly and the water sector secondarily as these two sectors are among the CIs that have mainly suffered the consequences of cyber incidents. In this context, the paper examines the applicability of the EU cybersecurity regulatory framework in the energy (including both electricity and gas) and the water sectors, as well as the sector specific initiatives that have been adopted so far to tackle the cybersecurity challenges the two sectors face. Given the expansive deployment of smart technologies and devices in both sectors, the regulatory regime of smart metres and the complications that are associated with their installation and use in terms of privacy and security of the collected data is examined separately. Finally, the analysis attempts to shed some light on the shortcomings of the existing legal framework and to contribute to its further effectiveness by suggesting further steps that could potentially help make the energy and water sectors more cyber resilient in the new threat landscape.
{"title":"Tackling cybersecurity challenges in the energy and water sectors in the context of the cybersecurity and sectoral regulatory frameworks: the case of smart metering systems in the new digitalised environment","authors":"Dimitra Markopoulou","doi":"10.1080/13600869.2022.2094609","DOIUrl":"https://doi.org/10.1080/13600869.2022.2094609","url":null,"abstract":"ABSTRACT Critical Infrastructures (CIs) are the backbone of our societal and economic activities. Safeguarding their uninterrupted operation and keeping them safe against different types of threats, from natural disasters to human-induced acts, is of the essence. This analysis focuses on the energy sector mostly and the water sector secondarily as these two sectors are among the CIs that have mainly suffered the consequences of cyber incidents. In this context, the paper examines the applicability of the EU cybersecurity regulatory framework in the energy (including both electricity and gas) and the water sectors, as well as the sector specific initiatives that have been adopted so far to tackle the cybersecurity challenges the two sectors face. Given the expansive deployment of smart technologies and devices in both sectors, the regulatory regime of smart metres and the complications that are associated with their installation and use in terms of privacy and security of the collected data is examined separately. Finally, the analysis attempts to shed some light on the shortcomings of the existing legal framework and to contribute to its further effectiveness by suggesting further steps that could potentially help make the energy and water sectors more cyber resilient in the new threat landscape.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"28 1","pages":"52 - 77"},"PeriodicalIF":0.0,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84602002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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