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Essay / The rule of law in cyberspace as a means and path to cyber...
Over the past decades, we have seen a significant increase in crimes committed via the Internet. The most dramatic thing is that this type of crime normally covers certain countries and it is therefore necessary to resort to an international and unified method of prevention and investigation of cybercrimes. There are many theories and ways to prevent cybercrime and ensure cybersecurity, but I would focus on a few basic guidelines. There are two basic ways to follow this route: the legal route and the procedural route, which is partly defined by the European Convention on Cybercrime (2001). I think we went a little far. Let's go back a little. I would first like to define the notion of law. There are many definitions of this concept, but according to Geoffrey Robertson, law is a system of rules and guidelines that are applied by social institutions to govern behavior.1 Thus, a law is the basic instrument to ensure public order, order in the State. “Rule of law” is the authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; (hence) the principle that all members of a society (including those in government) are considered equally subject to publicized legal codes and processes.2 Therefore, the rule of law is the fundamental factor to, let's say, prevent chaos. But there is a fine line between law (in terms of guaranteeing order) and democracy. cannot be implemented, cannot be ensured without the rule of law. At the same time, the rule of law prescribes restrictions on the rights of some to ensure public order, state order and order in society. never to be violated. The world is seriously facing... middle of paper ...... uncertain issue regarding cybersecurity: position of the "lawyer" on freedom and respect for human rights in syberspace, and position of “law enforcement agencies” on preventing and investigating cybercrimes and ensuring human rights, of course. Both positions concern the rule of law in cyberspace, but there is no comprehensive and unified understanding of the same way of interacting for the actors mentioned above. The best way to achieve understanding between the actors mentioned above is to make the IGFs (Internet Governance Forums) more open to society, to share the results of the IGF between the LEA, lawyers, government and Internet users (via media, ISPs, others). players). We should also pay attention to international organizations (UN, Council of Europe and others) and international courts, which could also simplify "unwritten" positions in cyberspace..