Cyberspace: Bases for a international regulation

Abstract

Cyberspace is a field where technological progress and development, both for its speed and its impact, are in contrast with a situation of relative impasse from a legal point of view. The law has regulated cyberspace through a sectoral, conjunctural and fragmented approach. The increase in crime and cyber conflictivity is a clear and consistent proof of the shortcomings and limits of this regulatory action. The international legal regulation of cyberspace requires a previous, comprehensive and coherent approach taking into account the uniqueness of cyberspace and based on the preliminary analysis of that reality and of the conditions and legal and non-legal features that prevails and that differentiate it from other areas subject to regulation. The cyber threat is a paradigm shift because it is different, completely delocalized, insufficiently appreciated and it is of structural nature. The cyber conflict is also manifested in a singular way in cybercrime, cyber espionage, cyber terrorism and cyber warfare, differing from their non-virtual counterparts and blurring the boundaries between these different
categories. Cyberspace imposes also the need to address certain changes in the patterns of interna} and international organization.