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Global Cybersecurity Governance. A Constitutional Analysis

Author: Pernice, I.
Published in: Global Constitutionalism, 7(1), 112-141
Year: 2018
Type: Academic articles
DOI: 10.1017/S2045381718000023

With the progressive digitisation and use, in particular, of the internet of things and artificial intelligence by industries, commerce, financial services, science and education, the public administration, health services as well as individuals, our society and daily life gets more and more dependent on the security of the net: cybersecurity. The new risks are self-made, a threat to almost everybody and new in kind. And they have a global dimension. For the difficulty of attribution of cyber attacks traditional concepts of deterrence and defence are not a solution. Given the new conditions of the ‘digital constellation’ this article aims at exploring instruments and methods of cybersecurity governance in a broad sense, learning from internet governance and taking a constitutional perspective. It is based upon shared responsibility, resilience and citizens’ participation in the making and future application of an inclusive global rule-making system. Multi-stakeholder mechanisms are combined with deliberative processes, standardisation and legislative action. In accordance with the principles of global constitutionalism this new framework of global rule generation would emerge as a common democratic instrument of people to meet common challenges in addition and complementary to action for cybersecurity at the local, regional, national and supranational levels.

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