The Securitization of Cyberspace: From Rulemaking to Establishing Legal Regimes

Abstract

With the development of information and communication technologies (ICTs), the Internet has become increasingly important in terms of national security, economic development, and global leadership. Apparently, conflicts and contentious issues in cyberspace requires creating rules and development of regulation. The authors examine the process of making up rules in cyberspace from the perspective of M. Castells’ network society theory and B. Buzan’ securitization theory. According to M. Castells, key challenges have gradually altered in the network society and power relations and social management are based on the control of communication and information which embraces a network society. Furthermore, the authors investigate the development of the Internet in the context of securitization theory. It is stressed that cyberspace has become a full-fledged political space with the central position of digital sovereignty and information security. The article for the first time proposes a comprehensive periodization of international relations’ transformation in cyberspace. Afterwards, the authors consider the appearance of tensions between actors in cyber space, which include political and economic threats. It encourages state actors to establish a preliminary regulation and to agree on norms regulating state behavior in cyberspace. These mechanisms have become a venue for promoting different concepts of cyber law and establishing legal regimes. In conclusion the authors analyze the hierarchy of actors in global Internet governance to assess the actors’ influence on the establishment of legal regimes in cyberspace. The main assessment criteria are as follows: ability to influence global production chains of high-tech goods, ability to conduct offensive and defensive cyber operations, and influence on the formation of international legal regimes. The authors divide actors into two major groups - rule-markers capable of influencing the global information space and constructing legal regimes, and rule-takers that are an object of great powers competition in cyberspace.