Regulating Cyber Technologies: Privacy Vs Security

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Regulating cyber matters is a complex task, as cyberspace is an intricate world full of new threats related to a person's identity, finance, and private information. Algorithm manipulation, hate crimes, cyber-laundering, and data theft are strong menaces in the cyber world. New technologies are generating both privacy and security issues involving anonymity, cross-border transactions, virtual communications, and assets, among others. This book is a collection of works by experts on cyber matters and legal considerations that need addressing in a timely manner. It comprises cross-disciplinary knowledge that is pooled to this end. Risk mitigation tools, including cyber risk management, data protection regulations, as well as ethical practice guidelines are reviewed in detail. The regulatory issues associated with new technologies along with emergent challenges in the field of cybersecurity that require improved regulatory frameworks are considered. We probe ethical, material, and enforcement threats, thus revealing the inadequacy of current legal practices. To address these shortcomings, we propose new regulatory privacy and security guidelines that can be implemented to deal with the new technologies and cyber matters.

Author(s): Nathalie Rébé
Publisher: World Scientific
Year: 2023

Language: English
Pages: 376
City: London

Contents
Preface
Editorial Note
About the Editor
About the Contributors
List of Figures
List of Tables
List of Abbreviations
Introduction
The Structuring of the Book
Conclusion
Chapter 1 The Latest Challenges in the Cybersecurity Field
Cyberattacks’ Analysis and Risk Management
Common cyberattack breakdown
Cybersecurity risk management
The European Framework in the Field of Cybersecurit
The European Cybersecurity Strategy
The NIS and NIS2 Directives
The General Data Protection Regulation (GDPR)
The EU Cybersecurity Act
Conclusion
References
Chapter 2 Governance of Cyberspace — El Dorado of States and Private Actors
Particularities of Cyberspace in Terms of Governance
The Non-Existence of a Regulatory Framework for International Cyberspace Governance
The Stake for Actors in Cyberspace’s Governance or “the Clash of Actors”
Conclusion
References
Chapter 3 Defining Cyber Risk Management Objectives
Introduction
Research in Cyber Risk Management
Cyber Risk Management Objectives
Fundamental cyber risk objectives
Means cyber risk objectives
Conclusion
References
Chapter 4 Data Protection Concerns in Emerging Technologies
Introduction
Why Is Cybersecurity Culture So Important?
Data Discovery and Classification
Privacy Concerns in the Cloud: The Perfect Storm
Big Data — Big Exposure
Privacy and Ethical Issues in the Internet of Things
Compliance: Regulations, Laws, and Standards
Conclusion
References
Chapter 5 Biometric Technology and User Identity
Introduction
The Basis of Biometrics
Biometrics in Context
The Biometric Process
From Magical to Mundane — The Evolution of Biometrics
Protecting Our Identity and Our Biometric Data
Wider Challenges
User trust
Universal availability
Reliability and user experience
User compromise
Potential Issues for Regulatory Consideration
Conclusion
References
Chapter 6 National Cyber Policies Attitude Toward Digital Privacy
Introduction
Literature Review
Methodology
Findings
Discussion
Conclusion
Limitation and Future Research
References
Chapter 7 Too Much Information: OSINT in Criminal Investigations and the Erosion of Privacy
Introduction
OSINT and Criminal Investigations
Use of OSINT
Privacy Regime and OSINT
Law Enforcement Abuses OSINT
Recommendations
References
Chapter 8 The Balance of Opinion in Social Media Regulation — Regime Stability and Risk in Democratic and Non-Democratic Nation-States
Introduction
Social Media and Politics
National Security, Balance of Opinion, and Social Media Regulation
Closed Regimes and the Use of “National Security” as a Factor in Preserving Regime Legitimacy and Suppressing Dissent
Conclusion
References
Chapter 9 Children, Data Collection, and Privacy — Is the Safeguarding Fallacy a Justification for Excessive Regulation and an Erosion of Human Rights?
Introduction
Safeguarding as Regulation
The Safeguarding Fallacy
Safety at the Expense of Privacy?
Age Verification and Excess Data Processing
Parental Controls, Excessive Data Collection, and the Erosion of Rights
Conclusion
References
Chapter 10 Privacy and Security of Health Data — What’s at Stake?
Introduction
Health Data and Its Particularities
Processing Health Data for Scientific Research
The Impact of the Pandemic on Health Data
The Risks Posed by Cyberattacks on Health Data
Conclusion
References
Chapter 11 Hate Speech: A Comparative Analysis of the United States and Europe
What Is Hate Speech?
Relationship Between Hate Speech and Hate Crimes
The US Approach to Hate Speech
The US Approach to Hate Speech
Early cases
Contemporary trends
Legislative protection of speech — The Communications Decency Act
The European Approach to Hate Speech
The regulatory tradition
Moderation of online content
Private Regulation of Hate Speech
The Next Frontier
Acknowledgment
References
Chapter 12 Cyber Risks, Dark Web, and Money Laundering
Introduction
Personal Data Protection and Cyber Risks
Dark or Deep Web: Cybercrime and Money Laundering
Conclusion
References
Chapter 13 Discussing Regulation for Ethical Hackers
Introduction
Who or What Is a Hacker?
White hats
Black hats
Gray hats
Hacktivists
Nation states
What Is Privacy?
Australia
Canada
European Union
Philippines
Singapore
United Kingdom
United States of America
Rules and Regulations for Hacking
Codes of conduct/ethics
CREST
EC-Council
Offensive Security
GIAC
Current Mitigation Strategies
Confidentiality Agreements
Background Screening
Rules of Engagement
Ethical Hacking Framework
Regulation and Uniformed Codes
A Case for Regulation
Protection of Information
Competence
Ethical and Professional Conduct
Insurance
Adverse Situations
Criticisms for Regulation
Compliance
Cost
Innovation
Conclusion
References
Index