Legal Developments on Cybersecurity and Related Fields

ISBN-13: 9783031418198 / Angielski

Francisco Ant?nio Carneiro Pacheco de Andrade; Pedro Miguel Fernandes Freitas; Joana Rita de Sousa Covelo de Abreu

Spis treści

Introductory notes and presentation.- PART I – CYBERSECURITY, CYBERDEFENCE AND LAW.- Getting critical. Making sense of the EU security framework for cloud providers.- Cyber operations targeting space systems. Legal questions and the context of privatisation.- A legal assessment of the concept of risk in reversible operations through cyber and electronic means.- Knowledge management and continuous improvement in cyberspace.- Information security metrics: challenges and models in an all-digital world.- Cyberterrorism and the Portuguese counter-terrorism act.- PART II – CYBERSECURITY AND LAW: SPECIFIC TOPICS.- Towards cybersecurity regulation of software in the European Union.- The importance of the computer undercover agent as an investigative measure against cybercrime: a special reference to child pornography crimes.- Post-Mortem data protection and succession in digital assets under Spanish law.- The suitability of the regime of technological measures for copyright protection in the face of modern cybersecurity risks.- Digital signatures and quantum computing.- No words needed? Emojis as evidence in judicial proceedings.- PART III – CYBERSECURITY, ETHICS AND FUNDAMENTAL RIGHTS.- Bug bounties: ethical and legal aspects.- Profiling and cybersecurity: a perspective from fundamental rights' protection in the EU.- Legal developments on smart public governance and fundamental rights in the digital age.- Biometric signatures in the context of Regulation (EU) nr. 910/2014 and the general data protection regulation: the evidential value and anonymization of biometric data.- Cybersecurity issues in electronic communications and some insights on digital literacy and technological infrastructures’ demands – anticipations of the European Digital Decade through the lens of a Declaration on digital rights and principles.

O autorze

Prof. Francisco António Carneiro Pacheco de Andrade is a Professor of Law at Universidade do Minho School of Law. He is the Director of the Master Course on Law and Informatics where he teaches subjects such as “Electronic Commerce and Electronic Contracting”, “Cryptography, Identification and Documents” and “Privacy and Data Protection”. He is an integrated research member of the Research Center JusGov – Research Center in Justice and Governance. He is author of papers in the domains of electronic commerce and electronic contracting, electronic identification, electronic signatures, electronic documents, electronic government and online dispute resolution.

Prof. Pedro Miguel Fernandes Freitas is a Professor of Law at the Universidade Católica Portuguesa, Portugal, where he teaches and researches on Law and Technology, Criminal Law and Criminal Procedure. He currently leads different academic programs on Law and Technology, both at an undergraduate and postgraduate level, at the same university. He is also the director of the Lusophone Institute for Law and Criminology, a large-scale association that fosters research on Law and Criminology in Portuguese-speaking countries.

Prof. Joana Rita de Sousa Covelo de Abreu is a Professor of European Union law at the University of Minho – School of Law, Portugal and an integrated research member of JusGov. She acts within the European Union Law, namely devoting her attention to EU Procedure, Data Transfer and Interoperability within European e-Government and e-Justice paradigms. She was the Coordinator of the Jean Monnet Module eUjust – “EU Procedure and credits’ claims: approaching electronic solutions under e-Justice paradigm” (until 2022). She was an appointed expert to the modernization of judicial cooperation in civil matters (DG Justice and Consumers – European Commission), in 2018, namely concerning discussing Commission’s proposals on taking of evidence and service of documents’ Regulations. She is Editor of UNIO – EU Law Journal and its official blog “Thinking & Debating Europe – The official blog of UNIO”.

Blurb

This book presents a fresh approach to cybersecurity issues, seeking not only to analyze the legal landscape of the European Union and its Member States, but to do so in an interdisciplinary manner, involving scholars from diverse backgrounds – ranging from legal experts to ICT and engineering professionals.

Cybersecurity requirements must be understood in a broader context, encompassing not just conventional aspects, but also emerging topics. This can only be achieved through an interdisciplinary approach. Indeed, cybersecurity should be consistently considered in relation to cybercrime and/or cyber defense, while examining it through the lens of specific domains that are intertwined with various legal fields. Moreover, it is crucial to uphold ethical standards and safeguard fundamental rights, particularly regarding personal data protection.

By adopting this comprehensive perspective, the significance of cybersecurity in the exercise of public authority becomes apparent. It also plays an essential role in upholding the fundamental values of both individual Member States and the EU as a whole, such as the rule of law. Moreover, it fosters trust, transparency, and effectiveness in market relations and public administration interactions.

In turn, the book draws on the expertise of its authors to provide insights into ICT components and technologies. Understanding these elements holistically is essential to viewing every "cyber" phenomenon from a legal standpoint. In addition to the holistic and interdisciplinary approach it presents, the book offers a captivating exploration of cybersecurity and an engaging read for anyone interested in the field.