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Governing Global Electronic NetworksInternational Perspectives on Policy and Power$
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William J. Drake and Ernest J. Wilson III

Print publication date: 2008

Print ISBN-13: 9780262042512

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262042512.001.0001

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PRINTED FROM MIT PRESS SCHOLARSHIP ONLINE (www.mitpress.universitypressscholarship.com). (c) Copyright The MIT Press, 2018. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MITSO for personal use.date: 13 October 2019

Creating Conventions: Technology Policy and International Cooperation in Criminal Matters

Creating Conventions: Technology Policy and International Cooperation in Criminal Matters

Chapter:
(p.331) 9 Creating Conventions: Technology Policy and International Cooperation in Criminal Matters
Source:
Governing Global Electronic Networks
Author(s):

Ian Hosein

Publisher:
The MIT Press
DOI:10.7551/mitpress/9780262042512.003.0253

This chapter examines international cooperation with respect to cybersecurity and cybercrime and argues that the approaches used by the Group of Eight (G8) and the Council of Europe (CoE) raise significant problems regarding privacy and other key values. Moreover, the efforts of both international bodies amount to policy laundering because they circumvent national democratic discourses in favor of comparatively closed international decision-making processes. The solutions offered by the G8 and the CoE may have implications for the interaction between technology and law, on one hand, and between national discourse and international policy making, on the other hand. The chapter outlines strategies for reinserting deliberative democracy into these processes. After discussing the challenges of jurisdiction and national technology policy, it looks at the logic of conventions and the G8’s work on data preservation and data retention, the CoE’s initiatives related to procedural law, and search and seizure of stored computer data.

Keywords:   international cooperation, cybersecurity, cybercrime, Group of Eight, Council of Europe, deliberative democracy, jurisdiction, technology policy, conventions, procedural law

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