Evolution, Implementation and Practice of Internet Self-regulation, Co-regulation and Public–Private Collaboration

Abstract

This chapter examines the practical evolution of Internet self- and co-regulation and reflects on the current approaches in the fields of cybercrime, cybersecurity and national security. First, it provides insights into the development of self- and co-regulatory approaches to cybercrime and cybersecurity in the multi-stakeholder environment from the beginning of the Internet service provider industry. Second, it highlights the differences concerning the ecosystem of stakeholders involved in each area. Detailed analysis focuses on existing forms of collaboration, highlighting the differences and difficulties in leveraging the forms of cooperation and successful approaches from one area to another. The last part analyses the problems of multi-stakeholder approaches. It will also examine the drawbacks of the existing forms of public–private collaboration, which can be attributed to a specific area (cybercrime, cybersecurity and national security). Ultimately, this chapter provides some suggestions with regard to the way forward in self- and co-regulation in securing cyberspace. It offers unique insights into the role of Internet industry in combatting cybercrime, improving cybersecurity and supporting national security. It identifies the current practical and economic limits on cooperation between industry and state agencies and describes the balance between human rights/data privacy and crime investigation. It concludes with the challenge of state over-reaching their mandate—when national security becomes political interference in human rights.