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Cybersecurity and Human Rights in the Age of Cyberveillance

Edited by Joanna Kulesza and Roy Balleste

Hardback
eBook
Cybersecurity and Human Rights in the Age of Cyberveillance is a collection of articles by distinguished authors from the US and Europe and presents a contemporary perspectives on the limits online of human rights. By considering the latest political events and case law, including the NSA PRISM surveillance program controversy, the planned EU data protection amendments, and the latest European Court of Human Rights jurisprudence, it provides an analysis of the ongoing legal discourse on global cyberveillance.

Using examples from contemporary state practice, including content filtering and Internet shutdowns during the Arab Spring as well as the PRISM controversy, the authors identify limits of state and third party interference with individual human rights of Internet users. Analysis is based on existing human rights standards, as enshrined within international law including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, European Convention on Human Rights and recommendations from the Human Rights Council. The definition of human rights, perceived as freedoms and liberties guaranteed to every human being by international legal consensus will be presented based on the rich body on international law.

The book is designed to serve as a reference source for early 21st century information policies and on the future of Internet governance and will be useful to scholars in the information studies fields, including computer, information and library science. It is also aimed at scholars in the fields of international law, international relations, diplomacy studies and political science.
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Rowman & Littlefield Publishers
Pages: 248Size: 6 1/4 x 9 1/4
978-1-4422-6041-2 • Hardback • December 2015 • $80.00 • (£52.95)
978-1-4422-6042-9 • eBook • December 2015 • $79.99 • (£52.95)
Roy Balleste, J.S.D. is Professor of Law and Law Library Director at St. Thomas University, in Miami Gardens, Florida. Professor Balleste has concentrated his scholarship in the areas of internet governance, human rights and the relationship between information, technology, and people. He teaches internet governance at the School of Law. Professor Balleste is an active participant in the global debates that seek to improve the governance of the Internet. In November 2007, he participated in the Second UN Internet Governance Forum in Rio de Janeiro. He also participated in the Fifth UN Internet Governance Forum in Vilnius, Lithuania, September 2010. Professor Balleste is a member of the Global Internet Governance Academic Network (GigaNet). He is also a member and active participant in the Noncommercial Users Stakeholder Group (NCSG-NCUC) of the Internet Corporation for Assigned Names and Numbers (ICANN).

Joanna Kulesza, Ph.D., is an assistant professor at the Department of International Law and International Relations, Faculty of Law and Administration, University of Lodz, Poland. She has been a visiting lecturer with the Oxford Internet Institute, Norwegian Research Center for Computers and Law, Westfälische Wilhelms Universität Münster and Justus-Liebig-Universität Gießen. She was a post-doctoral researcher at the University of Cambridge and Ludwig Maximilians University Munich. She worked for the European Parliament, Polish Ministry of Foreign Affairs and the Council of Europe. She is the author of four monographs on international and Internet law and over 30 peer-reviewed papers. Kulesza just concluded her work on a monograph on due diligence principle in international law.
Foreword
Preface
Acknowledgments

Chapter 1: Defining Cybersecurity –Critical Infrastructure and Public-Private Partnerships
Joanna Kulesza
Chapter 2: Cybersecurity and State Responsibility: Identifying a Due Diligence Standard for Prevention of Transboundary Threats
Dimitrios Delibasis
Chapter 3: In Harm's Way: Harmonizing Security and Human Rights in the Internet Age
Roy Balleste
Chapter 4: Privacy vs. Security – Identifying the Challenges in a Global Information Society
Rolf H. Weber and Dominic N. Staiger
Chapter 5: Freedom of Expression, Human Rights Standardsand Private Online Censorship
Monica Horten
Chapter 6: (Global) Internet Governance and its Discontents
M. I. Franklin
Chapter 7: Walled Gardens or a Global Network? Tensions, (De-)centralizations and Pluralities of the Internet Model
Francesca Musiani
Chapter 8: National Security and US Constitutional Rights: The Road to Snowden
Richard B. Andres
Chapter 9: Attribution Policy in Cyber War
Kalliopi Chainoglou

Bibliography
About the Editors and Contributors
This book focuses on privacy and civil liberties that are at risk if governments are not reined in by international law standards enshrined in treaties and national laws. The tension between privacy and security comes to a head in cyberwar, as there is currently an inadequate legal framework for privacy and civil liberties in international cyberlaw. There are pressing issues of internet governance, international trade, human rights, and a multistakeholder political process that encroach on international cyberwarfare. With analysis of cases from the International Court of Justice, this book looks for answers in traditional international warfare laws that could be applied in cyberwarfare scenarios. While cyberwarfare may not reach the armed attack threshold of most international warfare laws and treaties, the lessons learned from the international court cases regarding physical war can shape the future of cyberwarfare laws. The chapters are written as scholarly legal journal articles and define the terms used throughout, based on current international laws and actions. The volume's nine readable chapters are heavily cited with endnotes for each chapter, as well as a complete 26-page bibliography at the end of the book.

Summing Up: Recommended. Upper-division undergraduates through professionals/practitioners.
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