The Empires Strike Back: Reassertion of Territorial Regulation in Cyberspace

Abstract

In cyberspace, as it was throughout the world, the most dominant political trend of 2018 was the rise of populism. Populist trends tend to be isolationist, nationalistic, and antagonistic to free trade and the free movement of capital. While analysts do not typically ascribe an antitechnology sentiment to the populist movement, much of the cyberspace technologies are controlled by U.S. multinational corporations. The dominance of several U.S. technology companies has shifted Internet and Cyberspace regulatory policy to the forefront of battles over globalization and trade between the U.S. and China as well as the U.S. and Europe. These companies have triggered protectionist legislation throughout Europe and Asia, and their lax privacy protections have triggered additional regulation within the U.S. at the state level. Because some of the government regulation is designed to enhance military readiness, it also serves to propel a populist agenda to promote greater militarization, which extends into cyberspace. This raises concerns regarding state-sponsored cyberterrorism and the march toward autonomous, networked cyber and kinetic weaponry that may have horrific consequences. These trends, along with the continued expansion of criminal cyberattacks, increased identity theft, and the continued expansion of corrosive, hate-filled social media sources, define the shifts in cyberspace policy and practice. This review highlights the recent trends and influences on cyber law with the aim to anticipate key issues that will shape the coming year.

Available at http://jolttx.com/wp-content/uploads/2019/05/JOLTT-2020-Edition-E-Publish-E-Publish.pdf.