Conflicts, Crimes and Regulations in Cyberspace

1 Cover

2 Title Page Cybersecurity Set coordinated by Daniel Ventre Volume 2

3 Copyright First published 2021 in Great Britain and the United States by ISTE Ltd and John Wiley & Sons, Inc. Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form or by any means, with the prior permission in writing of the publishers, or in the case of reprographic reproduction in accordance with the terms and licenses issued by the CLA. Enquiries concerning reproduction outside these terms should be sent to the publishers at the undermentioned address: ISTE Ltd 27-37 St George’s Road London SW19 4EU UK www.iste.co.uk John Wiley & Sons, Inc. 111 River Street Hoboken, NJ 07030 USA www.wiley.com © ISTE Ltd 2021 The rights of Sébastien-Yves Laurent to be identified as the author of this work have been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. Library of Congress Control Number: 2021945731 British Library Cataloguing-in-Publication Data A CIP record for this book is available from the British Library ISBN 978-1-78630-686-9

4 Introduction References

5 1 The United States, States and the False Claims of the End of the Global Internet1.1. Introduction 1.2. The creation of the internet and the development of cyberspace by the United States 1.3. Cyberspace transformed by the arrival in force of states 1.4. Praxis of state coercion in cyberspace 1.5. The fragmentation of the global internet and the digital sovereignty of states 1.6. The strong constraint of interstate cooperation for all states 1.7. Conclusion 1.8. References

6 2 Cybersecurity in America: The US National Security Apparatus and Cyber Conflict Management2.1. Introduction 2.2. Societal and institutional dynamics 2.3. Organizational and bureaucratic dynamics 2.4. Individual dynamics 2.5. Conclusion 2.6. References

7 3 Separation of Offensive and Defensive Functions: The Originality of the French Cyberdefense Model Called into Question?3.1. Introduction 3.2. A model designed and developed in response to the threats and challenges of the early 2010s 3.3. A strict separation of offensive and defensive functions and missions: an obstacle to better defense? 3.4. Conclusion 3.5. References

8 4 The Boundary Between Cybercrime and Cyberwar: An Uncertain No-Man’s Land4.1. Introduction 4.2. The field of cybercrime up to the limits of the glass ceiling 4.3. War in cyberspace, cyber in war 4.4. Conclusion 4.5. References

9 5 Cyberdefense, the Digital Dimension of National Security5.1. Introduction 5.2. Cyberdefense in the political and legal framework of digital security 5.3. The emergence of a coherent legal regime for cyberdefense 5.4. Conclusion 5.5. References

10 6 Omnipresence Without Omnipotence: The US Campaign Against Huawei in the 5G Era6.1. Introduction 6.2. The unilateral American offensive against Huawei: a disruptive campaign causing significant collateral damage 6.3. The American diplomatic offensive: the limits of American rhetorical coercion of their partners and allies 6.4. The anti-Huawei offensive: a barometer of American power? 6.5. References

11 7 The Issue of Personal and Sovereign Data in the Light of an Emerging “International Law of Intelligence” 7.1. Introduction 7.2. The legal rules invoked in the collection of personal and sovereign data 7.3. Data localization in the light of international intelligence law 7.4. Conclusion 7.5. Appendix: the quadrants of intelligence law 7.6. Sources and references

12 8 International Cybersecurity Cooperation 8.1. Current attack trends 8.2. The multiple paths of international cooperation 8.3. The issue of attack attribution

13 9 Cyberdefense and Cybersecurity Regulations in the United States: From the Failure of the “Comprehensive Policy” to the Success of the Sectoral Approach9.1. Introduction 9.2. The identification of a new threat and the impact of cyber on how US security and defense policies are designed 9.3. From the impact of cyber on policy to the impact of politics on cyber 9.4. From a comprehensive cyber policy to a sectoral approach: the success of an undeclared regulatory policy 9.5. Conclusion 9.6. References

14 List of Authors

15 Index

16 End User License Agreement

1 Chapter 1 Figure 1.1. Number of engineers of different nationalities between 1986 and 2020... Figure 1.2. Number of authors publishing with different engineering companies be... Figure 1.3. Principal components of cyberspace Figure 1.4. The annual distribution of digital texts (1974–2019) Figure 1.5. The various forms of state coercion in cyberspace. For a color versi... Figure 1.6. Internet penetration rates (2020)...

2 Chapter 3Figure 3.1. The six missions of French cyberdefense...Figure 3.2. Cyberdefense organization in France in 2018...

3 Chapter 7 Figure 7.1. The quadrants of intelligence law

1 Chapter 1 Table 1.1. Themes of digital texts (1974–2019)... Table 1.2. United Nations General Assembly resolutions on cybersecurity Table 1.3. List of GGE reports Table 1.4. Geographic origin of internet users (2020)...

2 Chapter 2 Table 2.1. The various drivers of dysfunction within the US national cybersecuri...

1 Cover

2 Table of Contents

3 Title Page Cybersecurity Set coordinated by Daniel Ventre Volume 2

4 Copyright First published 2021 in Great Britain and the United States by ISTE Ltd and John Wiley & Sons, Inc. Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form or by any means, with the prior permission in writing of the publishers, or in the case of reprographic reproduction in accordance with the terms and licenses issued by the CLA. Enquiries concerning reproduction outside these terms should be sent to the publishers at the undermentioned address: ISTE Ltd 27-37 St George’s Road London SW19 4EU UK www.iste.co.uk John Wiley & Sons, Inc. 111 River Street Hoboken, NJ 07030 USA www.wiley.com © ISTE Ltd 2021 The rights of Sébastien-Yves Laurent to be identified as the author of this work have been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. Library of Congress Control Number: 2021945731 British Library Cataloguing-in-Publication Data A CIP record for this book is available from the British Library ISBN 978-1-78630-686-9

5 Introduction

6 Begin Reading

7 List of Authors

8 Index

9 End User License Agreement

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