{"id":1287,"date":"2018-12-03T00:22:53","date_gmt":"2018-12-03T00:22:53","guid":{"rendered":"https:\/\/mchmelar.cz\/?p=1287"},"modified":"2024-12-04T06:11:19","modified_gmt":"2024-12-04T06:11:19","slug":"legal-exam-useful","status":"publish","type":"post","link":"https:\/\/kb.mchmelar.cz\/?p=1287","title":{"rendered":"Legal exam useful"},"content":{"rendered":"\n

BASICS:<\/u><\/strong>
https:\/\/treaties.un.org\/doc\/publication\/ctc\/uncharter.pdf<\/a><\/p>\n\n\n

Article 2 (4)<\/u>
All Members shall refrain in their international relations from the threat or use of force<\/strong> against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the UnitedNations
Article 51<\/u>
Nothing in the present Charter shall impair theinherent<\/g> right of individual or collective selfdefenseif<\/g> an armed attack occurs against a Mem10her of the United Nations,<\/g> until the Security Councilhas<\/g> taken the measures necessary to maintaininternational<\/g> peace and security. Measures takenby<\/g> Members in the exercise of this right of selfdefenseshall<\/g> be immediately reported to the SecurityCouncil and shall not in any way affect thea uthority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintainor<\/g> restore international peace and security.<\/p>\n\n\n

Sources of international law<\/strong>
Article 38(1) of the Statute of the International Court of Justice:
a) international conventions, whether general or particular,establishing<\/g> rules expressly recognized by the contesting states;

b) international custom, as evidence of a general practice accepted as law;()
(smthg<\/g>\u00a0what is not written down on the paper)
c) the general principles of law recognized by civilized nations;

d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law

internationnal<\/g>\u00a0law is not perfect, but it is the best tool, on which all states agreed.<\/p>\n\n\n


National strategies:<\/u><\/strong><\/p>\n\n\n

\u00a0<\/u><\/strong>https:\/\/moodle.hitsa.ee\/pluginfile.php\/2510099\/mod_resource\/content\/1\/Presentation_Cybersecurity%20strategies%20and%20soft%20law%20instruments.pdf<\/a><\/p>\n\n\n

National Cyber Security Framework Manual (NATO CCD COE 2012)URL<\/a>
<\/u>helping toformulate<\/g> a conceptual picture of what \u2018national cyber security<\/g>\u2019 can entail. History of internet<\/g> is mentioned as well as numbers (written in 2012)
\u00a0ITU <\/strong>“Cyberspace is more than the internet, including not only hardware, software and information systems, but also people and social interaction within these networks. “
ISO <\/strong>“\u2018the complex environment resulting from the interaction ofpeople<\/g>, software and services on the internet by means of technology devices andnetworks<\/g> connected to it, which does not exist in any physical form”<\/p>\n\n\n


Basically<\/g> the definition differs by country,<\/strong> the definitions are also constantly changing.<\/strong><\/p>\n\n\n

” the highest risk factors <\/strong>in the supply chain are\u2018after build<\/strong>\u2019 (e.g., during the install and operate and retire phases) because thisis<\/g> where multiple vendors participate in the process (“
“more than 50 <\/strong>nations have published some form of a cyber strategy defining what security meansto<\/g> their future national and economic security initiatives.”

definitions of security
CYBER CRIME, Cyber ESPIONAGE, Cyber WARFARE
“In general, there is agreement that cyber activities can be a legitimate military activity, but there is no global agreement on the rules that should apply to it. “

NATIONAL CYBER SECURITY
table comparing strategies
“The Netherlands was one of the first countries to move away from a threat-basednational<\/g> security picture to a more \u2018risk\u2019 based view”

Cyberspace is viewed as an operational domain of military operations, equal to land, air, sea and space.<\/p>\n\n\n


three dimensions:\u00a0Governmental,\u00a0International,\u00a0National<\/p>\n\n\n

five mandates\u2019:Military Cyber, Counter Cyber Crime,Critical Infrastructure Protection and National Crisis Management,Cyber Diplomacy\u2019 and Internet Governance: and the <\/p>\n\n\n

five dilemmas
1)\u00a0Stimulate the Economy vs. Improve National Security
2)\u00a0Infrastructure Modernisation vs. CriticalInfrastructure Protection
3)\u00a0Private Sector vs. Public Sector
4)\u00a0Data Protection vs. Information Sharing
5)\u00a0Freedom of Expression vs. Political Stability<\/p>\n\n\n

EU cyber strategy<\/strong><\/u>
The EU adopted a cybersecurity strategy in 2013. Cybersecurity is a combination of technical, socio-economic, ethical and jurisdictional challenges.
GDPR<\/u>
personal data which are now the most sensitive, such as religion, health and sexual orientation can be better described in terms of”intimacy” rather than privacy
Cybersecurity industry <\/u>
“Europe has excellent research and development capacities, but many of the global leaders providing innovative ICT products and services are located outside the EU. It is key to ensure that hardware and software components produced in the EU and in third countries that are used in critical services and infrastructure and increasingly<\/g> in mobile devices are trustworthy, secure and guarantee the protection of personal data”

Trust and security<\/u>
about establishing\u00a0trust in online systems.\u00a0More trust does not necessarily mean more cybersecurity. The real issue is that too much trust exacerbates vulnerabilities. Some academics have put it in striking terms, such as \u201ctrust is bad for security\u201d33. Placing more trust in the system does not necessarily make it more secure.
Cryptographic standards and backdoors<\/u>
Backdoors can harmsmall<\/g> business and producers, who may suffer more from a loss ofconsumers<\/g> trust,<\/g> because consumers can more easily turn away to othercompetitors<\/g> than in cases of big companies that cannot be so easilyreplaced<\/g> or where there are no real alternative solutions\/providers.<\/p>\n\n\n

HARD\/SOFT LAW<\/u><\/strong>
if you break hard law, one of the consequences can be jail. Not possible to request them strictly. No real sanctions for violating\u00a0soft law, not binding. For example African<\/g> union convention of cyber security<\/g>.\u00a0
https:\/\/en.wikipedia.org\/wiki\/Soft_law<\/a><\/p>\n\n\n

OVERVIEW OF CYBER DIPLOMATIC INITIATIVES<\/strong>
https:\/\/moodle.hitsa.ee\/pluginfile.php\/2505208\/mod_resource\/content\/2\/GCSC-Briefings.pdf<\/a>
<\/p>\n\n\n

RUSSIA CHINA INDIA – social media can inflame socal tenson, should be considered as threat.
RUSSIA, CHINA – content transmitted online can be a threat<\/p>\n\n\n

Cyber sec conventoin in the close future – unlikely<\/p>\n","protected":false},"excerpt":{"rendered":"

BASICS:https:\/\/treaties.un.org\/doc\/publication\/ctc\/uncharter.pdf Article 2 (4)All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the UnitedNationsArticle 51Nothing in the present Charter shall impair theinherent right of individual or collective selfdefenseif an armed attack occurs against a...<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[55],"_links":{"self":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts\/1287"}],"collection":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1287"}],"version-history":[{"count":1,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts\/1287\/revisions"}],"predecessor-version":[{"id":5851,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts\/1287\/revisions\/5851"}],"wp:attachment":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1287"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1287"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1287"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}