Federal Register

Daily publication of the U.S. Office of the Federal Register contains rules and regulations, proposed legislation and rule changes, and other notices, including "Presidential proclamations and Executive Orders, Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public interest" (p. ii). Table of Contents starts on page iii

Securitisation and the Role of the State in Delivering UK Cyber Security in a New-Medieval Cyberspace

Both the 2010 and the 2015 UK National Security Strategies identified threats from cyberspace as being among the most significant ‘Tier One’ threats to UK national security. These threats have been constructed as a threat to the state, a threat to the country’s Critical National Infrastructure (CNI), a threat to future economic success and a threat to businesses and individual citizens. As a result, the response to this threat has historically been seen as being a shared responsibility with most potential victims of cyber-attack responsible for their own security and the UK state agencies operating as a source of advice and guidance to promote best practice in the private sector. A range of government departments, including the Cabinet Office, MI5 and GCHQ among others, have been responsible for the government’s own cyber security. However, despite a budget allocation of £860 million for the 2010 – 2015 period, progress on reducing the frequency and cost of cyber-attacks was limited and the 2010 strategy for dealing with cyber security was widely seen as having failed. This led to a new National Cyber Security Strategy (NCSS) in 2016 which indicated a significant change in approach, in particular with a more proactive role for the state through the formation of the National Cyber Security Centre (NCSC) and a £1.6 billion budget for cyber security between 2016 and 2021. However, cyber-attacks remain a significant issue for many organisations in both the public and private sector, and attacks such as the Wannacry ransomware/wiper attack, UK specific data breaches such as those witnessed in 2017 at Debenhams, Three, Wonga and ABTA, and breaches outside the UK that impacted UK citizens such as Equifax show that the frequency and impact of cyber security issues remain significant. The underlying cause of the insecurity of cyberspace is reflected in the metaphorical description of cyberspace as the wild-west or as an ungoverned space. This is a result of cyberspace features such as anonymity, problematic attribution and a transnational nature that can limit the effective reach of law enforcement agencies. When these features are combined with an increasing societal and economic dependence on information technology and mediated data, this increases the potential economic impact of disruption to these systems and enhances the value of the data for both legitimate and illegitimate purposes. This thesis argues that cyberspace is not ungoverned, and that it is more accurate to consider cyberspace to be a New Medieval environment with multiple overlapping authorities. In fact, cyberspace has always been far from ungoverned, it is just differently governed from a realspace Westphalian nation state system. The thesis also argues that cyberspace is currently experiencing a ‘Westphalian transformation’ with the UK state (among many others) engaged in a process designed to assert its authority and impose state primacy in cyberspace. This assertion of state authority is being driven by an identifiable process of securitisation in response to the constructed existential threat posed by unchecked cyberattacks by nation states and criminal enterprises. The Copenhagen School’s securitisation theory has been used to inform an original analysis of key speech acts by state securitising actors that has highlighted the key elements of the securitisation processes at work. This has clearly shown the development of the securitisation discourse, and the importance of referent objects and audience in asserting the state’s authority through the securitisation process. Original qualitative data collected through in-depth semi-structured interviews with elite members of the cyber security community has provided insights to the key issues in cyber security that support the view that cyberspace has New Medieval characteristics. The interview data has also allowed for the construction of a view of the complexities of the cyberspace environment, the overlapping authorities of state and private sector organisations and some of the key issues that arise. These issues are identified as being characteristic of a particularly complex form of policy problem referred to as a ‘wicked problem’. An understanding of cyber security as a wicked problem may aid in the identification of future possible policy approaches for cyber security policy in the UK

Enforceability of electronic contracts in Australia

Electronic contracts must be legally enforceable and certain like traditional contracts, to establish a similar legal framework in an electronic environment. The Electronic Transaction Legislation of Australia has made an attempt to strengthen legal certainty of electronic framework while ensuring law keeps pace with technological development. Despite this, the enforceability of electronic contracts is not as certain and predictable as those of traditional paper-based contracts. These problems arise due to regulatory deficiencies. Different approaches to address this issue have been adopted by jurisdictions such as the United States (US) and the United Kingdom (UK); however, the issue has not been adequately resolved in these jurisdictions. At the international level, various organisations such as the United Nations Commission on International Trade Law (UNCITRAL), the Organisation for Economic Co-operation and Development (OECD), the International Chamber of Commerce (ICC) and are working in close cooperation to resolve uncertainty surrounding electronic contracts. International developments also present the same deficiencies as are present at the national level. This thesis examines the current laws and reviews how international norms emerged and continue to resolve the issues

Animating the Ethical Demand:Exploring user dispositions in industry innovation cases through animation-based sketching

This paper addresses the challenge of attaining ethical user stances during the design process of products and services and proposes animation-based sketching as a design method, which supports elaborating and examining different ethical stances towards the user. The discussion is qualified by an empirical study of Responsible Research and Innovation (RRI) in a Triple Helix constellation. Using a three-week long innovation workshop, UCrAc, involving 16 Danish companies and organisations and 142 students as empirical data, we discuss how animation-based sketching can explore not yet existing user dispositions, as well as create an incentive for ethical conduct in development and innovation processes. The ethical fulcrum evolves around Løgstrup's Ethical Demand and his notion of spontaneous life manifestations. From this, three ethical stances are developed; apathy, sympathy and empathy. By exploring both apathetic and sympathetic views, the ethical reflections are more nuanced as a result of actually seeing the user experience simulated through different user dispositions. Exploring the three ethical stances by visualising real use cases with the technologies simulated as already being implemented makes the life manifestations of the users in context visible. We present and discuss how animation-based sketching can support the elaboration and examination of different ethical stances towards the user in the product and service development process. Finally we present a framework for creating narrative representations of emerging technology use cases, which invite to reflection upon the ethics of the user experience.</jats:p