Making Good Cybersecurity Law and Policy: How Can We Get Tasty Sausage?
Journal of Law and Policy for the Information Society, 2011
20 Pages Posted: 4 Aug 2011
Date Written: August 4, 2011
This brief essay focuses on two interesting questions: First, whether or not there is a class of issues and challenges in policy making that is unique to the cyber domain; and second, whether there are issues that, if not unique, are more predominant or readily apparent in the context of cyber policy making than in other areas of governmental endeavor. I submit that the answer to the question is “yes” on both accounts. There are unique challenges that arise from the nature of the cyber domain and from the failure of policy makers to adequately understand and adapt to that nature. Two aspects of that nature in particular have yet to be comprehended: the cyber domain’s ubiquity and rapidity; and its asymmetric empowerment.
Relatedly, there is a class of challenges that, though not unique to the cyber domain are significantly exacerbated in that domain. These are the types of challenges that are predominant in most public policy making involving developing science and technology. They involve the rapidity of change, policy makers’ lack of familiarity with the technology under development and the unpredictability of future developments.
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