Beyond the new "digital divide": Analyzing the evolving role of national governments in internet governance and enhancing cybersecurity

• Published in: Stanford journal of international law Vol. 50; no. 1; pp. 119 - 184
• Main Authors: Shackelford, Scott J, Craig, Amanda N
• Format: Journal Article
• Language: English
• Published: Stanford Law School 2014
• Subjects: Computer crimes; Computer security; CYBERSECURITY; Data security; Digital divide; European Union; InfraStructure; INTERNET; Internet governance; Law and legislation; Laws, regulations and rules; National government; Powers and duties; REGULATION; Safety and security measures; UNITED STATES; CHINA; INDIA; GREAT BRITAIN
• ISSN: 0731-5082; 2164-8301

A heated debate is underway about the appropriate role of nation-states in Internet governance and enhancing global cybersecurity, as was illustrated most recently during the 2012 World Conference on International Telecommunications (WCIT-12). Meanwhile, national governments are increasingly seeking to secure their critical infrastructure through regulation that may have global impacts. In an effort to compare and contrast these policies so as to begin to identify best practices that could give rise to norms and eventually be codified in international law, this Article analyzes proposed and implemented critical infrastructure regulations in China, the European Union, India, the United Kingdom, and the United States. Ultimately, the Article demonstrates that there exists a continuum of governmental interest in and approaches to regulating cyberspace, blurring the "digital divide" that was exposed at WCIT-12 and noting the value offinding common ground between stakeholders. Only then will the international community be able to reach agreement on the future of Internet governance and promote cyber peace.