This chapter aims to study the initiatives to regulate cybersecurity with non-binding norms and the impact of COVID-19 on access to justice. It mentions the principal initiatives to create resilience to cybersecurity and build digital trust. The pandemic situation related to COVID-19 has put in real difficulty the access to justice as a fundamental right. In this chapter, the intention is to expose these initiatives and create an awareness to the related topics, as well to propose possible solutions.
TopGlobal Culture On Cybersecurity And Digital Trust
Initiatives have been taken to face the problems related to ICT and cybersecurity by making valid recommendations for the private sector and the member states of the United Nations (United Nations [UN], 2021). We will see that these interventions are not only laws imposed from international agreements, but some of them come in the form of recommendations, manuals, good practices to have a better and more comprehensive approach to address them and build a culture of cybersecurity.
We will try to expose these initiatives shortly starting from the international level, regional level, and different initiatives taken by the private sector.
The Resolution 57/239 of the General Assembly of the United Nations of the 31 of January 2003, mentions and recognizes that the need for cybersecurity increase as countries increase their participation in the information society. As well invites on being aware since cybersecurity is not merely a matter of government or law enforcement practices, but must be addressed through the prevention, planning, management throughout the society.
The resolution titled ‘Creation of global culture of cybersecurity’ (International Telecommunication Union [ITU], 2000), addresses the importance that the operators and owners of internet technologies should take measures, being aware of cybersecurity risks, and take interior measurements to create resilience to cyberattacks and to defend their business and their customers. It is clear enough that the customers of the ICT are not just clients but persons and subjects of law.
To create this global culture of cybersecurity it is important to address the following complementary elements: awareness; responsibility; response; ethics; democracy; risk assessments; security design and implementation; security management and reassessment (Resolution 57/239, 2003).
This resolution invites the member states and the principal international and regional organizations to develop and prepare their societies with the culture of cybersecurity. Appeal the Member States and some representative of international organizations to develop and prepare their society with the culture of cybersecurity, differencing clearly with cybercrime.
In the words of Gercke, (2014), “One of the most frequent mistakes is to confuse cybercrime and cybersecurity. By far, not all Cybersecurity incidents are criminal acts” (p.33-40).
This is an affirmation that I personally share and strongly support as shown in previous studies (Mirashi, 2021).
The Resolution 57/239 does not have the characteristics of binding norm-making resolution but is an invitation for global public awareness of the need for adoption of measures and preparation of a global culture on cybersecurity. Besides this, we will need intervention even in the legislation and capacity-building and this in my consideration, brings the resolution to the next level, from advice to real concrete actions.
Is important to mention that this resolution is continuous of precedent initiatives with legal effects evidencing the resolution’s (A/RES/55/63, 2001) of 4 of December 2000 on ‘Combating the criminal misuse of information technologies’ and (A/RES/56/121, 2001) of 19 of December 2001 on establishing the legal basis for combating the criminal misuse of information technologies.