TECHNOLOGY UPENDS EXISTING LEGISLATIVE FRAMEWORKS Deborah Housen-Couriel, Adv. Interdisciplinary Cyber Research Center, Tel Aviv Hebrew University Cyber Security Research Center

(1) INNOVATIVE TECHNOLOGIES (2) BIG DATA (3) INNOVATIVE REGULATION

(1) INNOVATIVE TECHNOLOGIES 3 WORDS : 5G, 5G, 5G (1) INNOVATIVE TECHNOLOGIES

REGULATORY CHALLENGE: INFRA-STRUCTURE

GIVEN UBIQUITY – ILLEGAL AND ILLICIT CONTENT RC: GIVEN UBIQUITY – ILLEGAL AND ILLICIT CONTENT

RC: JURISDICTION AND ENFORCE-MENT

PROTECTING CYBER VUL-NERABILITIES IoT Market to Reach $1.7 Trillion by 2020 “The number of ‘IoT endpoints,’ connected devices such as cars, refrigerators and everything in between, will grow from 10.3 billion in 2014 to more than 29.5 billion in 2020.” RC: PROTECTING CYBER VUL-NERABILITIES Thomas A. Campbell, Ph.D. National Intelligence Officer for US Technology National Intelligence Council Office of the Director of National Intelligence

THE INTERSPECIES Internet TED2013 (Vince Cerf, PETER GABRIEL, DIANA REISS, NEIL GERSHENFELD)

(2) BIG DATA ABSOLUTELY UNPRECEDENTED Quantity and quality As a regulatory challenge (2) BIG DATA

“DATA”: THE CONCEPTUAL CHALLENGE PROPERTY NEGOTIABLE GOOD PART OF MY IDENTITY RELATIONSHIP TOOL OR WEAPON PRODUCT OR COMMODITY “DATA”: THE CONCEPTUAL CHALLENGE

(3) INNOVATIVE REGULATION WE NEED THRESHOLDS IN CYBERSPACE Yet states and organizations have checked out of the process of setting normative thresholds (3) INNOVATIVE REGULATION

TWO-PRONGED STRATEGY COMBINING REGULATORY CLARITY AND FLEXIBILITY CURRENT PERCEPTION OF NORMATIVE FAILURE “WE DON’T KNOW HOW TO REGULATE CYBERSPACE”) AS A RESULT, REGULATORY VACUUM FOR NEW TECHNOLOGIES  LACK OF SUPPORT FOR INNOVATION  FOR A LEVEL PLAYING FIELD  UNCERTAINTY TECHNOLOGY REQUIRES MORE SOPHISTICATED REGULATORY MODELS TWO-PRONGED STRATEGY COMBINING REGULATORY CLARITY AND FLEXIBILITY

CLARITY: BACK TO BASIC REGULATORY PRINCIPLES RULE OF LAW IN CYBERSPACE “Rule-based transparent system” (Minister Singh) INTERNATIONAL LAW APPLIES Non-intervention State responsibility for internationally-wrongful acts HUMAN RIGHTS SAFEGUARDS Personal data protection Right to communicate NATIONAL LAWS WITHIN IL FRAMEWORK CLARITY: BACK TO BASIC REGULATORY PRINCIPLES

FLEXIBILITY: INNOVATIVE REGULATORY MODELS CO-REGULATION / SELF-REGULATION (ISACs) REGULATION THROUGH INFOR-MATION (NL) STANDARDS (5G) CHANGE GOV’T (ISRAEL INNOVATION AUTHORITY) CONFIDENCE BUILDING MEASURES (BEST PRACTICES FOR CYBER FORENSICS, POINTS OF CONTACT – CERTS, CSIRTS, HOT LINES SELF-REGULATION BY BUSINESSES (UK INSURANCE SCHEME) FLEXIBILITY: INNOVATIVE REGULATORY MODELS

New role for the private sector in regulatory processes

WRAPPING UP: THE DARE OF CREATING A REGULATORY ROADMAP

MUST BE MULTI-STAKEHOLDER IT’S A LONG-TERM, STRATEGIC GAME OF NORM DEVELOPMENT – NOT A TACTICAL ONE. CHESS, NOT CHECKERS MUST BE MULTI-STAKEHOLDER

WHAT’s AT STAKE: “CYBER CANTONIZATION” v WHAT’s AT STAKE: “CYBER CANTONIZATION” v. COORDINATED GLOBAL TECHNOLOGICAL AND NORMATIVE DEVELOPMENT