broadband strategies handbook.pdf - Khazar University

authorities, while others like the protection of privacy or unsolicited communications(spam) may be the responsibility of data protection authoritiesor a consumer protection agency. However, if mandates overlap, it is criticalfor all relevant authorities to coordinate the exercise of their respectivefunctions (Gercke et al. 2010, 6).Offenses related to infringements of copyright and related intellectualproperty rights (IPRs) are another category of cybercrime. These violationsrelate to the unauthorized or prohibited use of protected works, trademarks,or patents, facilitated by using the Internet’s inherent ability to disseminateinformation. With regard to content-related offenses, the development oflegal instruments to deal with these offenses is heavily influenced bynational approaches. The classification of content-related activity as a criminaloffense or as protected free speech is dependent on each country’s culturaland legal frameworks. The following sections address these issues.Cybersecurity and the Need for Internat ional CoordinationCybersecurity is highly globalized because cybercrimes and other attackscan be committed against Internet users, businesses, or governments fromanywhere in the world. As such, international coordination is pivotal to thesuccess of cybersecurity. Cybercrime and cyberwar have very clear anddirect negative effects on economic activity, but cyber defense can have similarnegative effects, due to its high cost and information inefficienciescaused by the deliberate isolation of networks and databases from oneanother.Several barriers exist to a successful international cybersecurity framework.One is that different countries take different approaches to cybersecurity,which can lead to a lack of multistakeholder participation in bothpolicy making and legislation. Another problem is that upstream policiespromoting an e-agenda conflict with the downstream protections of rightsand property. In addition, legal concepts may be outdated in the burgeoningworld of cyberspace. The core issues of jurisdiction and sovereignty make itdifficult to cross borders to address international cybersecurity events. Afourth issue is simple human error when using the Internet or writing softwarecode. A final barrier to international cybersecurity coordination is thatexisting cybersecurity tools are often not fully applied. For example, liabilityin some countries is often imposed on a case-by-case basis rather than pursuantto statutory and regulatory requirements aimed at the particular issue(see, for example, United States, FTC 2010a, 2010b, 2010d; Martin, Judy,and Pryor 2010). These issues, however, are not insurmountable. Rather,concerted, effective national legislation and international coordinationLaw and Regulation for a Broadband World 133