**3. Proposal for global network of information security**

The concept of developing a comprehensive system of international security is useful because of its systemic nature. This concept is not limited to military security issues but also covers economic, political, humanitarian, and information security. It should be noted that this concept needs to be clarified. Since it concerns the development of a comprehensive system of international security, it should cover the entire system of international relations. The concept of developing a comprehensive system of international security also applies to non-state international relations.

A comprehensive system of international security means a status where the interstate system is protected from the dangers that exist in contemporary world. It implies stable functioning of the system of international relations. Relations between subjects of the interstate system also include information relations. The system of such relations includes interstate and non-state relations.

Information security should be considered in two aspects.

If the systemic approach is applied, information security will act as a backbone element. It can be regarded as a status of the international relation system, which is described by stability and security from information weapons and threats.

In addition, information security can be regarded as an ideal model. There are conceptual ideas what exactly information security should be like. It is regarded in the sociological (as a certain state of social relations), technical (compliance with standards and other technical requirements), and legal (compliance with prohibitions and restrictions on the spreading of data) aspects. Based on conceptual ideas, information security can be defined as a model for stable functioning of the information relation system.

The comprehensive system of international security and information security has a certain sphere of intersection. Information security of the international system is a component of the comprehensive system of international security. However, international relations are more than just relations between subjects of international public law. The requirement of information security is equally applicable to international non-state and domestic relations.

**13**

states cooperate.

*Legal Aspects of International Information Security DOI: http://dx.doi.org/10.5772/intechopen.86119*

for the system of international relations.

weapons rather than the weapons as such.

It only takes account of "ordinary" crimes.

of information weapons.

terrorists' skills.

international relations in general.

When one uses the concept of international information security, one may define this concept based on the more general concept of information security. If one distinguishes between domestic and international information security, the first one relates to domestic information relations and the second one, to international information relations. In each of the systems of relations, information security has common features; namely, it serves as a backbone element and ensures a stable state of the system of information relations. Therefore, international information security is a status of the international information relation system, which is

described by stability and security from information weapons and threats.

The development of the concept of international information security has led to the appearance of terms in the legal doctrine that had not previously been known in the practice of states. Currently, researchers use terms such as information weapons, information terrorism or cyberterrorism, and information crime or cybercrime. The state of international legal regulation is such that these new terms have not been stipulated in treaties (save for computer crimes). However, a number of social phenomena evidence that these terms should be regarded as destabilizing factors

As for information weapons, they can be described quite generally as any means of affecting the mass and individual consciousness, which can damage, distort, destroy, or conceal data. A special feature of information weapons is that they are not used in the military field alone. Information weapons can be used for committing computer crimes, hacker attacks causing property damage, etc. The use of information weapons has been known in international practice since the second half of the twentieth century. For example, it was used widely in the Palestinian-Israeli conflict. With the adoption of individual conventions on cybercrime, there appeared a trend in international law to prosecute the consequences of the use of information

It should be noted that the use of information weapons has various scales. For example, information terrorism can be regarded as one of the most dangerous use

Information terrorism can be defined as using information weapons for undermining the constitutional order of other states or the international legal order and

Cyberterrorism comprises both direct terrorist activities with the use of computers, networks and data in networks, and various supplementary operations including coordination, preparation, and organization of terrorist activities using networks and data in networks and spreading knowledge about terrorism and

Individual examples of cyberterrorism have been known from the second half of the twentieth century. In 1985, a radical leftist group in Japan attacked the united railway management network using computer systems. Fortunately, the computers

The 2001 Convention takes no account of the special features of cyberterrorism.

In this paper, computer crime is understood in the broad sense as any crime committed by using computer networks, software, or individual computers. However, in the international law, the term *computer crime* will always have a special meaning, which is not necessarily the same as the meaning of this term in the national law. Some crimes that are punishable under the laws of one state do not affect the interests of another state or the international community as a whole. While international crimes are threatening for the international peace and security, crimes of an international nature are common crimes in combating which

of the railway had good protection, which could not be hacked.

### *Legal Aspects of International Information Security DOI: http://dx.doi.org/10.5772/intechopen.86119*

*Security and Privacy From a Legal, Ethical, and Technical Perspective*

tional treaties, the CIS Agreement will apply to the same matter.

CIS Agreement, as this is allowed by the 2001 Convention itself.

**3. Proposal for global network of information security**

system of such relations includes interstate and non-state relations. Information security should be considered in two aspects.

cable to international non-state and domestic relations.

described by stability and security from information weapons and threats.

established their relations on such matters, or should they in future do so, they shall also be entitled to apply that agreement or treaty or to regulate those relations accordingly. However, where parties establish their relations in respect of the matters dealt within the Convention other than as regulated therein, they shall do so in a manner that is not inconsistent with the Convention's objectives and principles. Therefore, in the case if a state is a party to both of the abovementioned interna-

Article 13 of the CIS Agreement stipulates that this agreement does not affect the rights and obligations of the parties arising out of other international treaties to which they are parties. Therefore, it allows the application of the 2001 Convention. The existence of various regulations regarding their correlation in the considered international treaties suggests that their practical application may be complicated. For example, the states may experience difficulties in choosing the legal aid procedure. Such issues should be resolved by consultations between the states

However, in view of the harmonization nature of international treaties and the fact that the content of the 2001 Convention is broader, in the case if a state is a party to the two treaties at the same time, such state shall implement the 2001 Convention and, in the part where the provisions of the treaties are different, the

The concept of developing a comprehensive system of international security is useful because of its systemic nature. This concept is not limited to military security issues but also covers economic, political, humanitarian, and information security. It should be noted that this concept needs to be clarified. Since it concerns the development of a comprehensive system of international security, it should cover the entire system of international relations. The concept of developing a comprehensive system of international security also applies to non-state international relations. A comprehensive system of international security means a status where the interstate system is protected from the dangers that exist in contemporary world. It implies stable functioning of the system of international relations. Relations between subjects of the interstate system also include information relations. The

If the systemic approach is applied, information security will act as a backbone element. It can be regarded as a status of the international relation system, which is

In addition, information security can be regarded as an ideal model. There are conceptual ideas what exactly information security should be like. It is regarded in the sociological (as a certain state of social relations), technical (compliance with standards and other technical requirements), and legal (compliance with prohibitions and restrictions on the spreading of data) aspects. Based on conceptual ideas, information security can be defined as a model for stable functioning of the infor-

The comprehensive system of international security and information security has a certain sphere of intersection. Information security of the international system is a component of the comprehensive system of international security. However, international relations are more than just relations between subjects of international public law. The requirement of information security is equally appli-

**12**

mation relation system.

concerned.

When one uses the concept of international information security, one may define this concept based on the more general concept of information security. If one distinguishes between domestic and international information security, the first one relates to domestic information relations and the second one, to international information relations. In each of the systems of relations, information security has common features; namely, it serves as a backbone element and ensures a stable state of the system of information relations. Therefore, international information security is a status of the international information relation system, which is described by stability and security from information weapons and threats.

The development of the concept of international information security has led to the appearance of terms in the legal doctrine that had not previously been known in the practice of states. Currently, researchers use terms such as information weapons, information terrorism or cyberterrorism, and information crime or cybercrime.

The state of international legal regulation is such that these new terms have not been stipulated in treaties (save for computer crimes). However, a number of social phenomena evidence that these terms should be regarded as destabilizing factors for the system of international relations.

As for information weapons, they can be described quite generally as any means of affecting the mass and individual consciousness, which can damage, distort, destroy, or conceal data. A special feature of information weapons is that they are not used in the military field alone. Information weapons can be used for committing computer crimes, hacker attacks causing property damage, etc. The use of information weapons has been known in international practice since the second half of the twentieth century. For example, it was used widely in the Palestinian-Israeli conflict.

With the adoption of individual conventions on cybercrime, there appeared a trend in international law to prosecute the consequences of the use of information weapons rather than the weapons as such.

It should be noted that the use of information weapons has various scales. For example, information terrorism can be regarded as one of the most dangerous use of information weapons.

Information terrorism can be defined as using information weapons for undermining the constitutional order of other states or the international legal order and international relations in general.

Cyberterrorism comprises both direct terrorist activities with the use of computers, networks and data in networks, and various supplementary operations including coordination, preparation, and organization of terrorist activities using networks and data in networks and spreading knowledge about terrorism and terrorists' skills.

Individual examples of cyberterrorism have been known from the second half of the twentieth century. In 1985, a radical leftist group in Japan attacked the united railway management network using computer systems. Fortunately, the computers of the railway had good protection, which could not be hacked.

The 2001 Convention takes no account of the special features of cyberterrorism. It only takes account of "ordinary" crimes.

In this paper, computer crime is understood in the broad sense as any crime committed by using computer networks, software, or individual computers.

However, in the international law, the term *computer crime* will always have a special meaning, which is not necessarily the same as the meaning of this term in the national law. Some crimes that are punishable under the laws of one state do not affect the interests of another state or the international community as a whole.

While international crimes are threatening for the international peace and security, crimes of an international nature are common crimes in combating which states cooperate.

International crimes can be committed using computers. Global computer networks enable propaganda of war, genocide, apartheid, and racial discrimination. Moreover, the use of computers for military technology can lead to electronic communications becoming a means of aggression.

It should be noted that the existing international treaties on computer crime regard computer crimes primarily as crimes of an international nature. They define the elements of crimes that must be criminalized in national law as well as measures of international cooperation in combating such crimes.

The development of legal foundations of the global information society is to a great extent spontaneous. In the framework of the institutional mechanism of cooperation between states, there is not enough systemic vision of what the legal regulation should be like to meet the development of the technological progress.

Therefore, the information society concept needs a corresponding integral concept of international legal regulation of information exchange relations in the information society.

Some objectives have existed for a long time and are related to a lack of regulation of certain problems (matters of combating computer crime, protection of privacy at the global level, etc.), while others have appeared relatively recently as a result of technological progress.

What are the objectives that should be addressed at the global level? When determining the range of objectives, one should consider that information technologies have become global and reveal the interdependence of the contemporary world. At the same time, there is the experience of regulation of electronic data exchange relations in the framework of the Council of Europe, which should be recognized as progressive and useful for the global level.

The primary objective for the global level is solving the problems that have already been solved in the framework of the Council of Europe (combating computer crime, protection of personal data). The models of the Council of Europe have already been tested in practice, and in any case they have no significant alternative.

For the prosecution of computer crimes and protection of privacy, the global network of international information security can be created under the Security Council of UN decision by adoption of the international treaty. The global network of international information security shall provide for search in computer networks performed in one state on request of another state, real-time collection of traffic data and real-time collection and interception of content data. Therefore, the general mechanism of legal aid shall be applied, but its content is special.

In the global network of international information security, any state may request another state to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other state.

The global network of international information security stipulates 24–7 access, i.e., each state shall designate a contacting board available on a 24-hour, 7-day-aweek basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offenses related to computer systems and data or for the collection of evidence in electronic form of a criminal offense. Basically, this procedure can take a few minutes.

The global network of international information security can also provide the access for non-state actors in privacy violations and defamation cases.

One state may get access to publicly available computer data, regardless of their geographical location, without permission of any other state. This primarily applies to data that are contained on the Internet. If a website has no access codes and the data on it can be accessible to everyone, it can be used by search, investigative,

**15**

*Legal Aspects of International Information Security DOI: http://dx.doi.org/10.5772/intechopen.86119*

state, directly.

content of this institute.

international treaties should be drafted.

basis for drafting of a global international treaty.

illogical to deny such access to law enforcement authorities.

and judicial authorities. It is a general practice of access to data in open computer networks. There exists an international custom, according to which states do not put special restrictions on the spreading of publicly available data in computer networks. Special regulations are established for data, the spreading of which is prohibited or restricted. If any person may have access to information, it would be

In addition, any state can access, through a computer system in its territory, stored computer data, if the state obtains the lawful and voluntary consent of the person or legal entity who has the lawful authority to disclose the data. In this case, the state body of one state must address the provider, which is located in another

Therefore, the development of the institute of mutual legal assistance in criminal matters, which is affected by the struggle with computer crimes, is not just about introducing electronic communication technologies in traditional types of legal assistance and not just about specifying legal aid measures in relation to electronic communication technologies but also about radical change in the very

The international information security of the interstate system is a component of the comprehensive system of international security. At the same time, international information security is a stabilizing factor in the system of non-state international relations. However, a number of threats to international information security affect the field of both interstate and international non-state relations. In "soft law" acts, a unified concept of the development of a system of international information security has been elaborated at the global and regional levels. However, "soft law" acts are not suitable for its implementation. They can contribute to development of international customs, but that can take a considerable time. Therefore, global

The 2001 Convention and the CIS Agreement have become the first international treaties that stipulate a system of measures for combating a specific type of crime in the field of information, namely, computer crimes. Formerly, information crimes had been covered in particular international treaties along with other crimes (such as propaganda of racial discrimination). The treaties considered have a very important role, as they have established the foundations of the jurisdiction of states for criminal cases on the Internet and the rules of international cooperation that ensure coordinated actions of states in combating computer crimes. Despite some shortcomings of the treaties, as a whole they provide for systems of interrelated international and national measures for combating computer crimes and can be the

The system of international information security is establishing at the moment.

### *Legal Aspects of International Information Security DOI: http://dx.doi.org/10.5772/intechopen.86119*

*Security and Privacy From a Legal, Ethical, and Technical Perspective*

munications becoming a means of aggression.

information society.

alternative.

other state.

result of technological progress.

progressive and useful for the global level.

of international cooperation in combating such crimes.

International crimes can be committed using computers. Global computer networks enable propaganda of war, genocide, apartheid, and racial discrimination. Moreover, the use of computers for military technology can lead to electronic com-

It should be noted that the existing international treaties on computer crime regard computer crimes primarily as crimes of an international nature. They define the elements of crimes that must be criminalized in national law as well as measures

The development of legal foundations of the global information society is to a great extent spontaneous. In the framework of the institutional mechanism of cooperation between states, there is not enough systemic vision of what the legal regulation should be like to meet the development of the technological progress. Therefore, the information society concept needs a corresponding integral concept of international legal regulation of information exchange relations in the

Some objectives have existed for a long time and are related to a lack of regulation of certain problems (matters of combating computer crime, protection of privacy at the global level, etc.), while others have appeared relatively recently as a

What are the objectives that should be addressed at the global level? When determining the range of objectives, one should consider that information technologies have become global and reveal the interdependence of the contemporary world. At the same time, there is the experience of regulation of electronic data exchange relations in the framework of the Council of Europe, which should be recognized as

The primary objective for the global level is solving the problems that have already been solved in the framework of the Council of Europe (combating computer crime, protection of personal data). The models of the Council of Europe have already been tested in practice, and in any case they have no significant

For the prosecution of computer crimes and protection of privacy, the global network of international information security can be created under the Security Council of UN decision by adoption of the international treaty. The global network of international information security shall provide for search in computer networks performed in one state on request of another state, real-time collection of traffic data and real-time collection and interception of content data. Therefore, the

general mechanism of legal aid shall be applied, but its content is special.

offense. Basically, this procedure can take a few minutes.

access for non-state actors in privacy violations and defamation cases.

In the global network of international information security, any state may request another state to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that

The global network of international information security stipulates 24–7 access, i.e., each state shall designate a contacting board available on a 24-hour, 7-day-aweek basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offenses related to computer systems and data or for the collection of evidence in electronic form of a criminal

The global network of international information security can also provide the

One state may get access to publicly available computer data, regardless of their geographical location, without permission of any other state. This primarily applies to data that are contained on the Internet. If a website has no access codes and the data on it can be accessible to everyone, it can be used by search, investigative,

**14**

and judicial authorities. It is a general practice of access to data in open computer networks. There exists an international custom, according to which states do not put special restrictions on the spreading of publicly available data in computer networks. Special regulations are established for data, the spreading of which is prohibited or restricted. If any person may have access to information, it would be illogical to deny such access to law enforcement authorities.

In addition, any state can access, through a computer system in its territory, stored computer data, if the state obtains the lawful and voluntary consent of the person or legal entity who has the lawful authority to disclose the data. In this case, the state body of one state must address the provider, which is located in another state, directly.

Therefore, the development of the institute of mutual legal assistance in criminal matters, which is affected by the struggle with computer crimes, is not just about introducing electronic communication technologies in traditional types of legal assistance and not just about specifying legal aid measures in relation to electronic communication technologies but also about radical change in the very content of this institute.

The system of international information security is establishing at the moment. The international information security of the interstate system is a component of the comprehensive system of international security. At the same time, international information security is a stabilizing factor in the system of non-state international relations. However, a number of threats to international information security affect the field of both interstate and international non-state relations. In "soft law" acts, a unified concept of the development of a system of international information security has been elaborated at the global and regional levels. However, "soft law" acts are not suitable for its implementation. They can contribute to development of international customs, but that can take a considerable time. Therefore, global international treaties should be drafted.

The 2001 Convention and the CIS Agreement have become the first international treaties that stipulate a system of measures for combating a specific type of crime in the field of information, namely, computer crimes. Formerly, information crimes had been covered in particular international treaties along with other crimes (such as propaganda of racial discrimination). The treaties considered have a very important role, as they have established the foundations of the jurisdiction of states for criminal cases on the Internet and the rules of international cooperation that ensure coordinated actions of states in combating computer crimes. Despite some shortcomings of the treaties, as a whole they provide for systems of interrelated international and national measures for combating computer crimes and can be the basis for drafting of a global international treaty.

*Security and Privacy From a Legal, Ethical, and Technical Perspective*
