• Title/Summary/Keyword: cybersecurity law

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The Diagnosis and Prescription for Cybersecurity in Korea: Focusing on Policy and System

  • Park, Sangdon;Kim, Il Hwan;Kim, Jaehyoun;Lee, Kyung Lyul
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.12 no.2
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    • pp.843-859
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    • 2018
  • Cybersecurity has emerged as a serious problem in Korea and there have been relevant movements to improve domestic cybersecurity policy and system. However, discussions have yet to result in actual progress and the legislation for improvement of cybersecurity policy and system have been stagnant until now. As evidenced by the introduction of primary government legislation bill for national cybersecurity in 2017, the preparations for improvements to the policy and system are still in progress. However, we cannot be positive about the possibility of implementing these improvements during the process. Recognition of the importance of cybersecutiry has gradually risen and is more prevalent than in years past, however, in-depth discussions are not being made. In principle, misunderstandings about cybersecurity itself and insufficient understandings of the relevant legislation seem to cause such problems. Therefore, it is necessary to review key issues related to the improvement of cybersecurity policy and system and reconsider tasks for the future. Such issues include the relationship between cybersecurity and fundamental rights, establishing responsibility and capability of each of entities for cybersecurity, and the role of the military in cybersecurity. This type of in-depth discussion will be helpful for finding ways to improve upon cybersecurity policy and system. Moreover, this study aims to key issues with questionnaire survey and political and normative inquiry.

Study on Policies for National Cybersecurity (국가 사이버안보를 위한 정책 연구)

  • Ham, Seung-hyeon;Park, Dea-woo
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.21 no.9
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    • pp.1666-1673
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    • 2017
  • Republic of Korea is divided into South Korea and North Korea, creating military conflicts and social conflicts. North Korea is conducting cyberattacks against South Korea and has hacked South Korea's defense network. In the world of cyberspace, the boundaries of the borders are becoming obscured, and cyberattacks and cyberterrorism for cyberwarfare operate with digital computing connected to points, time and space. Agenda and manual are needed for national cybersecurity. Also, it is necessary to study national cybersecurity laws and policies that can create and implement nationalcyber security policy. This paper investigates cyberterrorism situation in North and South Korean confrontation situation and damage to cyberwarfare in the world. We also study cybersecurity activities and cyberwarfare response agendas, manuals and new technologies at home and abroad. And propose national cybersecurity policy and propose policies so that '(tentative) The National Cybersecurity Law' is established. This study will be used as basic data of national cybersecurity law and policy.

A Study on Cybersecurity Bills for the Legislation of Cybersecurity Act in Korea (사이버안보법 제정을 위한 국내 사이버안보 법률안 연구)

  • Park, Sangdon;Kim, So Jeong
    • Convergence Security Journal
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    • v.13 no.6
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    • pp.91-98
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    • 2013
  • Cyber attacks threaten the national security in this day and age. The government of the Republic of Korea recently released the National Cyber Security Comprehensive Countermeasures as a new cybersecurity policy. But current legal system cannot provide legal basis for the implementation of such measures. The current legal system related to cybersecurity is applied in each sector, thus the governance system in cybersecurity is separate. So there are many problems in the governance system in cybersecurity. To solve these problems fundamentally, it is righter to make a new cybersecurity law than to revise existing laws. Meanwhile, lawmakers proposed some bills in Congress to strengthen the cybersecurity in Korea in 2013. It will increase possibility of legislation of cybersecurity act to make a law through the analysis of these bills and to derive the essential elements from those. and to reflect these in the new cybersecurity act.

A Study on the Laws and Regulations in Korea through the Analysis of Cybersecurity Workforce Developing Laws and Regulations in U.S. (미국 사이버보안 인력 양성 법·규정 분석을 통한 국내 법·규정 개선 방안 연구)

  • Hong, Soonjwa;Kim, Joonsoo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.1
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    • pp.123-139
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    • 2020
  • In 1987, Computer Security Act was enacted, requiring computer security awareness and practical training for federal workforce. This is the beginning of US development of federal cybersecurity workforce. It has been strengthening the development of federal cybersecurity workforce policy by establishing OPM regulations and OMB circulation in cases where it is difficult to define by law. Through GISRA 2000 and FISMA 2002, which has been improved, it played a central role for development of federal cybersecurity workforce for more than 10 years. Since then, FISMA 2014 has been enacted as a necessity for supplementing technology and policy. In 2014, the importance of cyber security personnel in US federal agencies has been increased even more, by enacting a single law on cybersecurity workforce twice. We will review the current state of Korea's development of cybersecurity workforce by reviewing and analyzing the development and federal cybersecurity workforce in the United States.

Clustering Keywords to Define Cybersecurity: An Analysis of Malaysian and ASEAN Countries' Cyber Laws

  • Joharry, Siti Aeisha;Turiman, Syamimi;Nor, Nor Fariza Mohd
    • Asia Pacific Journal of Corpus Research
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    • v.3 no.2
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    • pp.17-33
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    • 2022
  • While the term is nothing new, 'cybersecurity' still seems to be defined quite loosely and subjectively depending on context. This is problematic especially to legal writers for prosecuting cybercrimes that do not fit a particular clause/act. In fact, what is more difficult is the non-existent single 'cybersecurity law' in Malaysia, rather than the current implementation of 10-related cyber security acts. In this paper, the 10 acts are compiled into a corpus to analyse the language used in these acts via a corpus linguistics approach. A list of frequent words is firstly investigated to see whether the so-called related laws do talk about cybersecurity followed by close inspection of the concordance lines and habitually associated phrases (clusters) to explore use of these words in context. The 'compare 2 wordlist' feature is used to identify similarities or differences between the 10 Malaysian cybersecurity related laws against a corpus of cyber laws from other ASEAN countries. Findings revealed that ASEAN cyber laws refer mostly to three cybersecurity dominant themes identified in the literature: technological solutions, events, and strategies, processes, and methods, whereas Malaysian cybersecurity-related laws revolved around themes like human engagement, and referent objects (of security). Although these so-called cyber related policies and laws in Malaysia are highlighted in the National Cyber Security Agency (NACSA), their practical applications to combat cybercrimes remain uncertain.

A Study on the Drift of Cybersecurity Law by Element Analysis of Political Gridlock (입법교착 요소로 분석한 사이버안보법 표류에 관한 연구)

  • Bang, Hyu;Kwon, Hun-Yeong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.31 no.4
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    • pp.801-816
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    • 2021
  • This study analyzes the political and legislative progress that although basic acts to establish an integrated system of cybersecurity are steadily being proposed, they have not been passed as legislative deadlocks under the two major parties. It shall be analyzed through Korea's legislative system, including differences in contents and interests of the disposal act, the timing and cycle of election ect. The study analyzes why the basic cybersecurity law was previously scrapped and faced political gridlock situation by analyzing the differences in the contents and interests of the two major parties, and the timing and cycle of the proposed legislation.

A Study on Tasks for the Legal Improvement for the Governance System in Cybersecurity (사이버안보 추진체계의 제도적 개선과제 연구)

  • Park, Sangdon;Kim, Injung
    • Convergence Security Journal
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    • v.13 no.4
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    • pp.3-10
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    • 2013
  • Cyber attacks are threats to national security. Today, cybersecurity threats have various types, the theft or spread of privacy and national secret, the realization of direct attacks to infrastructure and the hacktivism with political or social objectives. Furthermore, There are special situations in South Korea because of North Korea's threats. Thus, It is necessary to handle cybersecurity as a kind of national security problem. It is a time to identify problems of governance system in cybersecurity and to improve related Acts and subordinate statutes. There are several tasks for legal improvement for governance system in cybersecurity. They are improving legal bases for the roles of the relevant authorities in cybersecurity, consolidating national joint response to cyber accidents, establishing and vitalizing information sharing system, constructing foundation of cybersecurity through industry promotion and manpower development, and acquiring defensive tools by enhancement research an development. In order to address these challenges, it is necessary to pay much attention to enactment and to revision laws and to practice legislative procedure.

Current Trends in the U.S. Cybersecurity Laws (미국 사이버보안법의 최근 동향 - 「사이버보안 정보공유법」을 중심으로 하여 -)

  • Yang, Chun-Soo;Jee, Yu-Mi
    • Journal of Legislation Research
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    • no.54
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    • pp.155-192
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    • 2018
  • As the 'hyper-connected society' has emerged through the 'Fourth Industrial Revolution, public interests as well as social dangers have increased. Above all, the risk of infringement of information, including confidential personal information, is dramatically increasing. As the hyper-connected society has been realized, even if only one of the internet devices is hacked, there would be a danger that the ripple effect of such a hacking spreads to the whole network. Therefore, the necessity and importance of information security, including cybersecurity, has been increasing. In other words, the stability of cyberspace and internet space is becoming more important. As a result, the Korean government is seeking to build a legal system related to information security, which would be able to cope with the information infringement problem in the hyper-connected society. However, it seems that the government is still struggling with the direction of building such a legal system. In this context, a comparative review examining the legal systems of advanced foreign countries will provide meaningful implications as to what kinds of legal policies we should devise and implement for information security. In particular, the U.S. legislative act that actively responds to the cybersecurity violations is worthy of reference. For this reason, this article systematically analyzes the current status of the U.S. cybersecurity laws. Especially, this article focuses on the "Cybersecurity Information Sharing Act of 2015"(hereinafter "CISA"), that was recently enacted by the U.S. congress. The CISA prescribes the systemic and detailed information-sharing between national and private entities. The CISA, that actively promotes information-sharing, is full of suggestions for us, in that information-sharing is an effective way to properly realize information security in today's hyper-connected society.

Analysis of the Global Data Law & Policy and its Implications: Focusing on the cases of the United States, the United Kingdom, and the European Union (국내외 데이터법·정책 분석 및 시사점: 미국, 영국, EU의 사례를 중심으로)

  • Yoon, Sang-Pil;Kwon, Hun-Yeong
    • Informatization Policy
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    • v.28 no.2
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    • pp.98-113
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    • 2021
  • This study presents implications of the Global Data Law & Policy by comparing national data strategies, data regulations and policies, and governance in South Korea, the United States, the United Kingdom, and the European Union. According to the result of the comparative analysis, the biggest difference is in data governance, in other words, the management and coordination of policies at the pan-government level and data ethics. Therefore, this study proposes the establishment of a presidential special committee on data policy or the creation of a 'National Digital Innovation Office' at the Presidential Secretariat as a national CDO for the governance of data policies. Furthermore, this paper suggests a) to enact 'the Framework Act on the Development of Data Industry' that can regulate data practices in the private sector, b) to institutionalize the data-centric security and data protection, c) to settle the public ethics and personnel management based on data expertise and professional ethics, including explainability and responsibility, and d) the education and training systems.

CYBERCRIME AS A THREAT TO UKRAINE'S NATIONAL SECURITY

  • Varenia, Nataliia;Avdoshyn, Ihor;Strelbytska, Lilia;Strelbytskyy, Mykola;Palchyk, Maksym
    • International Journal of Computer Science & Network Security
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    • v.21 no.5
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    • pp.73-83
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    • 2021
  • The information space, the main components of which are information resources, means of information interaction, and information infrastructure, is a sphere of modern social life in which information communications play a leading role. The objective process is the gradual but stable entry of the national information space into the European and world information sphere, in the context of which there is a legitimate question of its protection as one of the components of the national security of Ukraine. However, the implementation of this issue in practice immediately faces the need to respect the rights and fundamental freedoms guaranteed by international regulations and the Constitution of Ukraine, especially in the field of cybersecurity. The peculiarity of the modern economy is related to its informational nature, which affects the sharp increase in cyber incidents in the field of information security, which is widespread and threatening and affects a wide range of private, corporate, and public interests. The problem of forming an effective information security system is exacerbated by the spread of cybercrime as a leading threat to information security both in Ukraine and around the world. The purpose of this study is to analyze the state of cybersecurity and on this basis to identify new areas of the fight against cybercrime in Ukraine. Methods: the study is based on an extensive regulatory framework, which primarily consists of regulatory acts of Ukraine. The main methods were inductions and deductions, generalizations, statistical, comparative, and system-structural analysis, grouping, descriptive statistics, interstate comparisons, and graphical methods. Results. It is noted that a very important component of Ukraine's national security is the concept of "information terrorism", which includes cyberterrorism and media terrorism that will require its introduction into the law. An assessment of the state of cybersecurity in Ukraine is given. Based on the trend analysis, further growth of cybercrimes was predicted, and ABC analysis showed the existence of problems in the field of security of payment systems. Insufficient accounting of cybercrime and the absence in the current legislation of all relevant components of cybersecurity does not allow the definition of a holistic system of counteraction. Therefore, the proposed new legal norms in the field of information security take into account modern research in the field of promising areas of information technology development and the latest algorithms for creating media content.