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'Dialogue, partnership and empowerment for network and information security' : the changing role of the private sector from regulation adopters to regulation shapers
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Carrapico, Helena and Farrand, Benjamin Matthew (2016) 'Dialogue, partnership and empowerment for network and information security' : the changing role of the private sector from regulation adopters to regulation shapers. Crime, Law and Social Change . pp. 1-19. doi:10.1007/s10611-016-9652-4
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Official URL: http://dx.doi.org/10.1007/s10611-016-9652-4
Abstract
The protection of cyberspace has become one of the highest security priorities of governments worldwide. The EU is not an exception in this context, given its rapidly developing cyber security policy. Since the 1990s, we could observe the creation of three broad areas of policy interest: cyber-crime, critical information infrastructures and cyber-defence. One of the main trends transversal to these areas is the importance that the private sector has come to assume within them. In particular in the area of critical information infrastructure, the private sector is seen as a key stakeholder, given that it currently governs most infrastructures in this area. As a result, the private sector has come to be understood as the expert in network and information systems security, whose knowledge is crucial for the regulation of the field. Adopting a Regulatory Capitalism framework, complemented by insights from Network Governance, we can identify the shifting role of the private sector in this field from one of a victim in need of protection in the first phase, to a commercial actor bearing responsibility for ensuring network resilience in the second, to an active policy shaper in the third, participating in the regulation of NIS by providing technical expertise. By drawing insights from the above-mentioned frameworks, we can better understand how private actors are involved in shaping regulatory responses, as well as why they have been incorporated into these regulatory networks.
Item Type: | Journal Article | ||||||
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Subjects: | K Law [LC] > KJ-KKZ European law Q Science > QA Mathematics > QA76 Electronic computers. Computer science. Computer software T Technology > TK Electrical engineering. Electronics Nuclear engineering |
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Library of Congress Subject Headings (LCSH): | Computer networks -- Security measures -- European Union countries, Cyber intelligence (Computer security) , Internet | ||||||
Journal or Publication Title: | Crime, Law and Social Change | ||||||
Publisher: | Springer | ||||||
Official Date: | 11 October 2016 | ||||||
Dates: |
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Page Range: | pp. 1-19 | ||||||
DOI: | 10.1007/s10611-016-9652-4 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Open Access (Creative Commons) | ||||||
Date of first compliant deposit: | 12 October 2016 | ||||||
Date of first compliant Open Access: | 12 October 2016 |
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