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

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

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

4. REGULATORY CHALLENGE:
INFRA-STRUCTURE

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

6. RC: JURISDICTION AND ENFORCE-MENT

7. 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

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

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

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

12. (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

13. 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

14. 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

15. 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

16. New role for the private sector in regulatory processes

17. WRAPPING UP: THE DARE OF CREATING A REGULATORY ROADMAP

18. 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

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