Posted: January 4th, 2023
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Executive Summary
The research pays particular attention to the problem of cyber warfare, which appears to have adverse effects on different areas of life. The study provides a clear view on the meaning of cyber warfare, and shows how the heinous act target vulnerable computer systems exposing them to threat and malfunction. So far, various countries have experienced cases of cyber warfare, including the U.S., the UK, and Qatar among others. Individual states have come up with a number of regulations to contain cases of cyber warfare, and each country embrace measures and guidelines that they find suitable. Qatar is among the countries that acknowledge the importance of developing regulations and programs that combat cyber warfare after the country became a victim of cyber attack in 2017. The nation through its leadership employs a number of initiatives, including the use of cyber diplomacy, laws, and other establishments committed to prepare and protect the country against violations. The study describes how various countries including Qatar continue to take appropriate measures towards dealing with cyber warfare because such attacks affect various areas of life, such as infringement on state security, destruction of national infrastructure, interference with public information, and destabilizing social well-being. The report shows that other than the application of regulations and frameworks at the national level, countries can gain valuable insight into ways of containing cyber warfare by adhering to the international directives that have global effect. The study describes some international guidelines such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the ClarifyingLawful Overseas Use of Data Act (CLOUD Act), and the Convention on Cybercrime of the Council of Europe (the Budapest Convention). Overall, the report insinuates that it is possible to prepare the country and the world for cyber warfare, and to contain emerging issues, but through proper development and implementation of laws and various mitigating initiatives.
Cyber Warfare and International Law
Criminal offenses and war have always happened in the physical world, but the change of conflicts to electronic avenues has brought about new aspects that were previously unknown in the physical world. The report explores how cyber warfare is increasingly becoming an international threat with more nations fearing that they may become victims of a cyber attack that would affect important infrastructures. Many countries have structures and policies to counter cyber warfare because of the growing indulgence with cyberspace, but the report shows how it is important to rely on the international law, such as the United Nations Charter that provides eminent directives. Countries should align their strategies to combat cyber warfare with the principles of the UN Charter to achieve more peaceful coexistence, protect international rights, and to create a scenario where countries do not attack each other via online systems.
Describing Cyber Warfare
Cyber warfare refers to the utilization of technology to attack other countries, causing similar effects to that of real war. So much debate still continues among various groups and experts regarding the meaning of cyber warfare, and whether such type of conflict really exists (Robinson, Jones and Janicke 71). Cyber warfare could tamper with the operations of air defense through the use of computers to carry out an air attack (Robinson, Jones and Janicke 70). Cyber warfare entails the activities by any international body to attack and try to create harm to the infrastructure, information system or computers of another country. The attack could be through denial-of-services (DOS) invasion or computer viruses that cause malfunction (Robinson, Jones and Janicke 70). The attack could be in the form of espionage where a secretive group or body spies on another with the motive of acquiring particular information. Sabotage is another form of cyber warfare, which entails compromising vulnerable systems and could result in disruption of the entire system or equipment. Sabotage, for example, could tamper with military systems that are in charge of issuing commands and facilitating communication. Cyber warfare could also entail the utilization or affecting in a war space or battle space in the background of computer systems, networks, and online control systems (IoTs) (Robinson, Jones and Janicke 71). Cyber warfare could include both distrustful and aggressive activities relating to the adverse effects of collateral damage, espionage, and cyber attacks. The use of computer systems to cause infringement causes nations and security experts to consider alternative ways of handling the threats that are increasingly becoming global.
Governments are increasingly acknowledging that modern societies are so dependent on computer systems to perform their operations ranging from transportation to financial operations. Various countries are strengthening laws on cyber warfare to avoid such attacks that can be initiated from a considerable distance. Such laws and policies aim at protecting major institutions such as government institutions, banks, and multinational corporations. India, for example, formed the Indian Computer Emergency Response Team in 2004 to prevent cyber warfare in the country. Qatar, through the Minister of Information and Communications Technology that now operates as the Ministry of Transport and Communications, continues to develop policies to secure the country’s cyberspace and to increase security efforts to tackle cyber-related threats at the global level. The Prime Minister formed the National Cyber Security Committee in 2013 to look into possible threats and develop suggestions for mitigation. The Ministry had championed the establishment of the Qatar Computer Emergency Response Team in 2005 when it partnered with a U.S.-based university (Carnegie Mellon University). Dr. Hessa Al-Jaber, the Minister of Information and Communications Technology in Qatar, steered the formation of the National Cyber Security Strategy to protect the country’s critical information and communication technology (ICT) infrastructure, react to and recover from cyber threats and attacks, and to create a suitable legal structure and guidelines to form a secure and reliable cyberspace (Qatar National Cyber Security Strategy 1). Many other countries all over the world are continually developing regulations and frameworks that counter cyber attacks with the common objective of cultivating a culture of cyber safety that encourages secure and suitable utilization of cyberspace, and enhancing their national cyber security competencies.
The world has experienced several instances of cyber warfare in the recent past, which show such attacks are real and could happen without much care and preventive measures. The Director of the Government Communications Headquarters (Iain Lobban) drew national attention when he announced in 2010 that the UK was at a considerable risk of cyber warfare by hostile countries. The Titan Rain is another example of large scale cyber warfare to have occurred in the recent past. The attack comprised of a series of cyber activities that tampered with several state agencies within the UK and the U.S. governments (Cyber Operations Tracker). Chinese state actors are suspected for violating the confidential systems and networks of UK’s foreign and defense ministries and of the United States Department of State, Department of Energy, and Homeland Security. The espionage was made public in 2005 but U.S officials said that the practice must have started in 2003 (Cyber Operations Tracker). Investigators in the UK reported that the violation persisted as late as mid-2007. The first attempt of state-orchestrated cyber warfare from the Chinese that became public instigated a decade-long attempt by the American government to lower the scope and magnitude of China’s cyber activities against American targets.
The Qatari government suspected a case of warfare when experts linked an attack against the Qatar News Agency to the United States Emirates (UAE) (Younes). The Ministry of Interior on Qatar while working with a team of FBI officers from the U.S. discovered that the attacks that commenced in April 19, 2017 was organized well and the UAE government must have played a role in propagating the cyber warfare (Younes). Qatar learned of the origin of the attack after IT experts managed to trace particular IP addresses to the UAE in the hour preceding the posting of the falsified content (Qatar-America Institute). The main motive of the attack was to create and post untrue reports, which were aimed at tarnishing the Emir’s reputation (Younes). False quotes from High Highness Sheikh Tamim bin Hamad al-Thani and Qatari Minister of Foreign Affairs (Mohammed bin Abdulrahman bin Jassim al-Thani) were publicized on the hacked Qatar News Agency’s website and Twitter account (Qatar-America Institute). The fabricated information was posted on Wednesday, May 24, 2017 at 12:13 am. Soon after the news was posted, it became a major concern in two other Gulf Cooperation Council (GCC) countries. More than 20 prominent politicians and senior persons were readily available between 1 am and 5 am Qatari time to discuss the misleading news and criticize the Qatari leadership on live TV in the two nations (Qatar-America Institute). Within 45 minutes of publicizing the manipulated quotes, the Qatari government informed the media broadcasters at the regional level that the information is false and termed the act a cyber attack. The intervention by the Qatari government did not stop media groups in the two other GCC nations from continuing with broadcasting the misleading content. The incidence caused harsher effects about a week and a half later when several GCC nations started to dampen their diplomatic ties with Qatar (Qatar-America Institute). Some Arabic nations restricted Qatari flights from entering their airspace and some even closed their borders with Qatar, which affected trading activities. The situation that came to be referred to as the Blockade of Qatar, included nations such as the Kingdom of Saudi Arabia (KSA), UAE, the Maldives, some section of Yemen, Egypt, the Comoros, Djibouti, Mauritania, Bahrain, and Senegal all which placed severed their diplomatic ties with Qatar. Only Kuwait and Oman seem to seclude their selves from the geopolitical issues surrounding Qatar, and believe that the Qatari government was a victim of a cyber attack. Such occurrences indicate that cyber warfare is a global phenomenon that warrants the attention of all countries to develop more effective regulations and policies towards preventing more destruction and threat.
Initiatives by Qatar to Combat Cyber Warfare – Cyber Diplomacy
Apart from the formation of the Qatar Computer Emergency Response Team, the National Cyber Security Committee in 2013, and the National Cyber Security Strategy, Qatar continues to embrace more diversified means of dealing with cyber warfare. Similar to the fierce uproar regarding external interference in the 2016 American presidential election, the cyber warfare in Qatar not only put the country in at the heart of cybersecurity discussions concerning technology and other important aspects such as policy and security management (Ayad and Shlrzal). The Gulf crisis also set a worldwide visible precedent for Qatar’s capacity to appropriately handle or prevent such a violation.
By taking the incident as an opportunity, Doha has created a virtue of urgency. Qatar has since enhanced its cyber diplomacy initiatives. In particular, by not only paying attention to cyberwarfare and cyberdefense, Daha has also created an avenue for multilateral discussion on how cyber peace and cyber ethics will have to be handled and transformed in the future (Ayad and Shlrzal). Qatar is not new to the approach. It has established relentless investments in formulating an environment to develop ideas for protecting cyberspace long before the Gulf crisis (Ayad and Shlrzal). Enhancing its digital capacity, improving its capabilities, and creating transnational corporations have been essential aspects of the nation’s cybersecurity plan from the beginning. Qatar is increasingly becoming mindful of the importance for sufficient preparedness against online infringements. The formation of National Cyber Security Strategy in 2014 came as a milestone at a time when the country seeks to safeguard its population and networks (Ayad and Shlrzal). Nonetheless, the formation of the Qatar Computer Emergency Response Team (Q-CERT), which is officially tasked with the duty of identifying and preventing cyberattacks against the state and other important sectors provided more avenues to curb cyber warfare (Ayad and Shlrzal). Q-CERT complies with the provisions of the Banking Supervision Rules that were formulated by the Central Bank of Qatar to defend Qatar’s financial institutions against any form of online violations. In addition, the creation of the Cybersecurity Coordination Office and the Cyber Crimes Investigation Center means that Qatar is dedicated to achieve long-term solutions (Ayad and Shlrzal). The Qatari Ministry of Transport and Telecommunications is in the front position in encouraging cyber international relations by scheduling and carrying out annual practices that bring in one place private and public entities in a series of enlightening and practical ways, creating alertness and preparedness on how to deal with and avert cyber attacks.
Qatar served as the host for the second edition of the Global Security Forum that was held in October 2019. The convention that was prepared by the Soufan Center, which is a security-oriented strategy group in New York brought together experts and state officials from more than fifty nations to take part in various sessions, creating more awareness on the security concerns created by the emergence and proliferation of contemporary information warfare in modern’s digitally interrelated communities and societies (Ayad and Shlrzal). The meeting provided valuable insight into ways of dealing with cyber warfare that still guide the country up to today.
Qatar has recognized the significance of education, exploration, and use of scientific approaches in advancing mechanisms on cyber security, and continues to reinforce its position as a center for comprehensive cyber threat competence. Centers of higher learning in Qatar such as the Hamad Bin Khalifa University (HBKU) among other prominent institutions all offer essential and advanced courses and studies on how to manage cyber warfare and computer use. HBKU’s Qatar Computing Research Institute is also dedicated to performing research and development (R&D) with the objective of addressing the international and global cybersecurity concerns (Ayad and Shlrzal). Researchers, students, and local and international experts work together at HBKU’s QCRI with the objective of coming up with proper solutions (Ayad and Shlrzal). QCRI has partnered with international affiliates, including various institutions of higher learning to build up on the Tanbih project that gives valuable media literacy and aspirations to control the communal repercussions of misleading news by offering a virtual news apparatus that recognizes misinformation, prejudice, and favors in media reporting (Ayad and Shlrzal). Elsewhere, the Qatar Center for Artificial Intelligence works together with worldwide institutions, such as Boeing and MIT to recognize appropriate answers to technology restraints, such as cyber warfare.
In a convention held in Doha Qatar, more than one hundred and thirty technicians surveyors, and students of different backgrounds participated in a global cybersecurity event in 2019 to discuss pertinent issues. The people attending the global occasion discussed ways of introducing remedies to constraints in major operational areas that are likely to expose internet users to inappropriate threat and violation (Ayad and Shlrzal). The incident came up with ways of how players in the academia and private sectors, both globally and locally can identify solutions to the most disturbing concerns governments encounter in the field of cybersecurity, and how such programs could be copied elsewhere in the world.
Cross-border initiatives have also served a fundamental function in enhancing cyber diplomacy as affiliate countries share information, and help each other at a time of crisis. Following the infringement that caused a crisis in the Gulf, the Qatari government created several mutual relations to advance its cybersecurity inventiveness and distribute information all over the world (Ayad and Shlrzal). For example, a combined scheme that was introduced by a Turkish and Qatari research institutions that began in 2017 seeks to develop ground-breaking concerns to prevalent cybersecurity threats (Ayad and Shlrzal). Qatar hopes that the cross-border initiatives will yield the highly anticipated results.
In the emergence of the cyberattack that caused an unexpected Qatar blockade in 2017, Qatar has relentlessly worked to present itself as leader in the use of diplomatic ties to deal with the challenge. While there cannot be any uncertainties of the economic impediment in the GCC nation, Qatar’s outstandingly considerate cyber international relations and response may certainly have enhanced extra transnational partnership with some of the principal large-scale institutions that are vital to the influential discussions on cybersecurity (Ayad and Shlrzal). Having placed itself at the front position on this matter, and with a broadening digitized and intricate cyberspace, that today poses much risk to all nations, it is imaginable that a leadership place in cybersecurity-related matters may as well turn out to be one of the most effective soft power plans that Qatar is yet to fully explore.
Cybercrime Prevention Law no. 14 of 2014
The Cybercrime Prevention Law no. 14 of 2014 is the law that controls and penalizes criminal activities relating to hacking of information websites and networks, information programs, and information systems. Qatar today has a high capacity of internet connection, with at least 96% of the households linked to the internet as of 2014, based on the findings by the United Nations Broadband Commission. The high internet connectivity implies that Qatar retains its position as the second among the 135 developing nations in terms of online connectivity. Qatar continues to experience a surge in legitimate digital solutions and content services, not only from companies that started to deal with IT solutions many years ago, but also from inventive start-ups, both working to develop suitable mitigation measures. The Qatari government introduced a cybercrime prevention law (No.14 of 2014) on September 16, 2014 with the objective of heightening the tools for dealing with cyber and online crimes. The law places numerous sanctions and describes some penalties for violations carried through online platforms, computers, IT networks and other related infringements. The law is committed to protect the nation’s technological infrastructure and fortifying cybersecurity within the country. The law became effective upon its creation, but was later included in the Official Gazette to adhere to the legal formalities. Some parties opposed the law during its drafting arguing that some part of the law violated freedom of speech reach to media, but despite the criticism, Qatar went ahead to enforce the legislation.
The Cybercrime Prevention Law no. (14) of 2014 contains some key provisions that would help to contain cyber warfare. The regulation sets a 10 year jail term and a fine not exceeding QR 200,000 for tampering with any official electronic document, or a three year jail term. A person based on the law would have to pay a maximum fine of QR 100,000 if they tamper with an unofficial electronic document. Similar penalty await those who impersonate entities or individuals, or are engaged in identity theft or take away movable items through online means. The law forbids content crimes that forbids the publication of misleading or untruthful news, but the strict terms for this violation are not clearly defined, making it unclear what information would put social media users and local journalists and reporters in legal problem. Therefore, journalists, social media users, and news agencies must be keen to authenticate the origin of the news or information before releasing it to the public with the aim of protecting the law. The legislation stipulates a jail term not exceeding three years and fine of not more than QR 200,000 for unpermitted ownership or utilization of e-card, whether it a credit card or an ATM, or forging electronic cards or stealing account numbers. A person based on the law would have to serve a jail term of up to three years or pay a fine of close to QR 500,000 for violating intellectual property rights by utilizing the internet article 13, be it trade names, trademarks, industrial logos and designs, patents, and copyrights. Qatar is dedicated to implementing the Cybercrime Prevention Law no. (14) of 2014 to the latter because the Price Waterhouse Cooper showed through its 2014 Global Economic Crime Survey that cyber-related crimes are the second most rampant forms of economic crimes reported in the GCC nations. As such the enterprises operating within the region are at a considerably high risk. Despite the dissatisfaction generated about the cybercrime law when it was in the early development phases, it is clear that Qatar together with the United Arab Emirates (UAE) has taken the leading positions in matters concerning cybercrime and has put in place directives and jail terms for individuals and groups that go against the law.
The Qatar Computer Emergency Response Team
The creation of the The Qatar Computer Emergency Response Team in 2006 by the Supreme Council of Information & Communication Technology (ictQATAR) and CERT Coordination Center (CERT/CC) came as a milestone in preparing for internet security threats. The partnership between the two leading IT agencies in Qatar was the first ever coordination center and emergency response team to be erected in the Middle East. Q-CERT entered into a deal with the Escal Institute of Advanced Technologies also called the SANS Institute, which is a privately-managed American for-profit firm focused on IT security and cyber security training to offer courses across Qatar in cybercrime security for IT experts working for the state. Q-CERT held the first-ever cyber drill in the Gulf Cooperation Council that engaged internet security experts from five GCC nations. The event showed that Q-CERT has the ability to protect Qatar against any form of violation emanating from online sources. Q-CERT’s primary objectives are to come up with cybercrime privacy regulations and laws and enlighten the public on their public awareness, promote confidentiality and integrity of data, and help public and private stakeholders in handling vulnerabilities against Qatar’s IT infrastructure (Q-CERT). The other major objectives of Q-CERT are to offer guided and proactive guidance for handling ICT security in the society, and to create awareness of cybersecurity and cybercrime in public and private institutions. The public awareness particularly benefit social media users who are unsusceptible of the threats they are likely to face and parents who acquire essential tips on how to safeguard their children.
Social networking has changes the way people interact with each other, exchanging information and taking part in activities that explore the interests of others. Since social interactive avenues are fed with a lot of personal content and there have been escalating concern with individuals providing a lot of their private information, which offers cyber offenders the chance to lure unsuspecting online users, it is vital to take measures at the individual level that would prevent attacks. The Qatar Computer Emergency Response Team (Q-CERT) urges Qatari citizens to try and acquire tips of staying safe when making friends online from the National Information Security Center, which gives a wide range of information about security-related issues (Q-CERT). Q-CERT calls on Qatari citizens to be aware of pretenders and to be vigilant every time they use online platforms. The site informs Qatari citizens to know that possible exploiters can pretend to be someone else with a different background and age and convince an online user to accept them as a friend (Q-CERT). Q-CERT encourages Qatari citizens to know the importance of avoiding posting personal information, such as home or work address or phone number on social media profiles or other avenues that are likely to attract violators. The increased sensitization on the need to watch out for possible cases of cyber warfare has informed Qatari citizens the importance of being careful when positing image and text as they can easily be copied out by potential exploiters because in some situations the images or the text can be used to commit identity theft (Q-CERT). Q-CERT calls on all nationals to be cautious while posting their photos because exploiters can use them to threaten or blackmail the owners. It is encouraging that many online users in Qatar also try to avoid posting pictures that expose their location, or other confidential information that violators can use to commit a crime. Also, Q-CERT cautions Qatari citizens to be vigilant with how they share their passwords with others, especially those who are unknown to them (Q-CERT). The increased use of social media platforms and the awareness that such avenues present possible threats of attacks encourages people to only add friends to the personal site if they know them in person. Q-CERT also reminds social media users to be keen on who they add as friends because people may not be who they claim they are, a situation which could cause potential harm. The massive education Q-CERT conducts that sensitive individual internet users contribute towards combating cyber warfare at the national and internal levels because improper acquisition of the personal information of a single of few people can cause substantial damage on national security infrastructure and social well-being.
Q-CERT provides additional information to the public and private entities that could help to manage the issue of cyber warfare that is increasingly becoming a menace in most of the countries in the Middle East. The establishment sensitizes online users on the benefits of practicing password hygiene, which entails developing and using complex passwords rather than using simple formulations like “1234” or “ABCD” that hackers can simply guess, or which cannot safeguard users against phishing (Q-CERT). Q-CERT sensitizes regular internet users about the merits of subscribing to suitable anti-virus software and keeping the system updated with scheduled and automated scans. A fundamental practice by Q-CERT that continues to safeguard individuals, organizations, and the state against cyber attacks is the relentless cautioning against phishing infringements (Q-CERT). Such sensitization creates awareness on the importance of being careful when opening file attachments sent through email or other electronic avenues. All these sensitization initiatives help to contain cyber violations at the individual, national, and global levels.
Qatar’s Preparations towards the World Cup
Qatar is set to become the initial country in the Middle East to host the highly coveted FIFA World Cup in 2022. The new Lusail Iconic Stadium with a capacity of 80,000 spectators is ready and all eyes are on Qatar to see how it would handle the whole affair (Huxley). In light of hosting the global tournament, the Middle East has come under escalating scrutiny over the nature of its security and technological scenery (Huxley). To today, the Middle East, like most developed regions, is more susceptible to cyber attacks considering its digitally interrelated nations and high rate of using smartphone.
Attempts by other Countries to Contain Cyber Warfare
The Ministry of Law, Justice and Company Affairs that operates under the Indian Legislative Department formulated the Information Technology Act (2000) with the aim of combating possible cases of online infringement (Q-CERT). The Act is set to offer legal acknowledgement for activities conducted by means of exchanging electronic data and other forms of electronic interaction, usually called electronic commerce or e-commerce, which entails the utilization of alternatives to paper-based approaches of communication and storage of data, to enhance electronic storage and retrieval of documents with the various state agencies (Q-CERT). The introduction of the Information Technology Act of 2000 further sought to amend the Indian Evidence Act, the Indian Penal Code, the Bankers’ Books Evidence Act of 1891, and the Reserve Bank of India Act of 1934. The Act that falls into several chapters addresses different issues that could help to safeguard India against online violation occurring from the use of electronic devices (Q-CERT). The Act in Chapter IV, for example, touches on the attribution and acknowledgement of electronic records, while Chapter V addresses issues dealing with secure electronic records and safe digital signatures. Chapter VII addresses the various ways of authenticating digital signatures that are highly usable in e-commerce (Q-CERT). Chapter IX is important because it outlines the penalties for failing to adhere to the set rules and directives. For example, the Chapter outlines the penalties for causing damage to a computer or a computer system, failure to furnish information returns, and residuary penalty among other ramifications (Q-CERT). The Indians continue to rely on the Information Technology Act of 2000 together with other frameworks to combat the issue of cyber warfare that is fast becoming a global threat.
International Law
International law refers to the set of rules and regulations that govern the practices of sovereign states in their interaction with others. International law establishes frameworks to guide countries across a wide range of areas, including human rights, war, trade, and foreign relations (United Nations). International law thus offers an avenue for countries to indulge in more organized, consistent, and stable international relations. Often the sources of international law include the rulings of lower and national courts, scholarly publications, extensively acknowledged principles of law, international customs, and treaties (United Nations). The sources act as the procedures and materials out of which the standards and regulations guiding the international community are formulated. Article 38 of the Statute of the International Court of Justice (ICJ) is presently widely accepted as an important source of international law (United Nations). The Statute requires courts to make judgment based the reports of international customs, international conventions, the universal doctrines of law accepted by civilized states, and based on the guidelines of Article 59, the instructions and judicial rulings of the highly renowned publicists of the various countries, as alternative ways for defining and application of the rules of law (United Nations). The United Nations Charter is an example of an international treaty of the United Nations that articulates the dedication to protect and uphold the human rights of all citizens, and outlines a wide set of guidelines related to attaining higher quality of living (United Nations). The requirements of the UN Charter triumph over the terms and conditions of any treaty and international custom pursuant to the provisions of Article 103. The essence of the UN Charter in shaping international law makes it a vital framework for curbing cyber warfare.
The Principles of the UN
Peaceful interactions and coexistence should be viewed as a set of principles or guidelines of international law, and not merely as a description of modern international relations, but as something declared to be the foundation for contemporary universal law and indeed the most crucial aspect within it. Chapter I of the UN Charter outlines the principles and purposes of the UN. The principles of the UN stated in Chapter I, Article 1 of the UN Charter offer valuable guidance that could help to encourage peaceful coexistence, safeguard inviolability of international rights, and promote non-infringement between countries via online systems or physical attacks (United Nations). Principle 1 advocates for sovereign equality between all members, which insinuates that no one should intimidate the other through any means, including online platforms. The principle plays a crucial role in fostering peaceful coexistence between states, which may lower the possibilities of cyber attacks and warfare. Principle 2 further advocates for peaceful coexistence in the way it urges Member States to strive towards achieving their obligations in good faith (United Nations). Principle 3 promotes inviolability of international rights and non-infringement between states by calling on all Members to settle their international misunderstandings by peaceful approaches in such a way that global justice, security, and peace are not breached (United Nations). Settling disputes peacefully could prevent attacks through online platforms, and warring sides may find alternative ways of settling the disputes.
Principles 4, 5, and 6 if the UN Charter are equally essential in fostering equal coexistence and finding effective remedies to conflicts that could affect relationship with other states. Principle four promotes peace, safeguards international rights, and discourages conflicts by directing all Members to refrain from the use of force or threats against the sovereignty and territorial boundaries of any country, or in other ways that contravene the requirements of the United Nations (United Nations). Refraining from threats could prevent the use of electronic and online systems to attack others, thereby promoting peace. Principle 5 may help to prevent violations in the way it encourages Members to support the UN in punishing violators same to Principle 6, which urges non-Members to adhere to the regulations to build international peace and security (United Nations). Countries should rely on the principles of the UN Charter while developing mechanisms to curb cyber warfare to achieve successful outcome in promoting peace and preventing conflicts.
The Internet
The internet has linked people across the globe in ways that were not imaginable nearly a decade ago. The growth of the internet has eradicated communication hurdles and promotes cooperation in every area touching on professional and personal issues. At the same time, the internet is usually contrasted with the Wild West, an unruly edge where some people take advantage of the unmanaged systems to enrich themselves at the expense of those unaware of the threats associated with online activities (O’Donnellan). Cyberspace is now an integral part of the society, fostering economic advancement and innovation and building lives in significant ways, and will continue to widen and create even more opportunities in the coming years (Qatar National Cyber Security Strategy 1). Globally there have been a number of researches on internet usage and most of them show that internet use is prevalent among more educated people and the younger persons. The paper by Deniz and Geyik (896), for example, presents the findings of a study of students of the Istanbul University in Turkey whose objective was to assess the internet utilization behavior of the study population. The survey finds that the use of the internet by young people has escalated dramatically in the recent past, and surfing the internet has become a significant aspect of the students’ general life (Deniz and Geyik 899). However, with the great transformations come new risks to the structures that make it possible for people to utilize the internet effectively and without any threats. Cyberspace with its infinite nature, offers those who would cause threat with so much opportunity to interrupt with governments, businesses, and individuals (Deniz and Geyik 896). Since the September 11, 2001 terrorist attack on the U.S., many nations have increasingly shifted their attention on the monitoring of the internet in tackling cyber crime and terrorism. The emergence of unregulated use of the internet yet so many people, institutions, and governments rely on cyberspace for their daily increase the threats of cyber warfare.
Effects of Increased Interaction with Cyberspace
The growth of the internet creates a situation where people rely on cyberspace to perform their daily activities, but it is the increased involvement with online activities that makes the threat of cyber attacks more imminent. Deniz and Geyik (895) find that the use of information and communication technologies (ICTs) has expanded rapidly in the last decade across the globe. The growing numbers of people owning smartphones, laptops, and personal computers, and easy reach to the internet have transformed the lives of so many people. Increased indulgence with electronic devices is increasingly influencing people’s behaviors, habits, and ideas. Today, many people and businesses use social media platforms to communicate and do business, and some social media channels such as Facebook and Twitter play crucial interactive roles in the political field. Unfortunately, it is the increased indulgence with electronic devices and cyberspace that elevates the possibilities of cyber threats and attacks at the national level.
Effects of Cyber Warfare
Effects on National Infrastructure
The national infrastructures are at risk during cyber warfare, which could lead to devastating financial repercussions. The country highly depends on its national infrastructure, which include the sites, networks, systems, and people responsible for appropriate functioning of the country. Some of the key national infrastructures that are at risk during cyber warfare energy equipment, transport and water facilities, health resources such as hospitals and health research institutions, and communication equipment such satellites and servers. Transportation of goods may fail as a result of cyber warfare, and ultimately the economy collapses.
Effects on Public Information
The parties bestowed with the responsibility of preventing the country against cyber warfare should work harder to mitigate possible threats because successful attacks could tamper with public information systems and infrastructures. The public information systems available for use by the public in both the private and public sectors such as social media, telephone networks, and other electronic forms of communication are at considerable threat during cyber war and interaction between individuals and corporations may fail to achieve the desired communication outcome. The state should be vigilant to avoid possible attacks to safeguard the country’s communication systems.
Destabilization of Social Wellbeing
National attacks through computer systems affect social wellbeing and the public’s welfare could deteriorate if the relevant parties do not respond in real time. Disrupting social wellbeing because of cyber warfare could result in a situation where it is difficult to meet the basic human requirements and people are not able to coexist peacefully in the society and hardly get opportunities for growth and advancement. Conflict, including cyber warfare, may cause humanitarian crises and put terrific harm on people (Section 10). Such crises that could affect social wellbeing include severe shelter, food, and water inadequacies, massive displacements, and inadequate health services among other fundamental provisions (Section 10). The groups tasked with the duty of preventing cyber warfare should not relent in their activities to avoid destabilizing social wellbeing.
Effects on State Security
Cyber warfare puts the national security at risk and delayed intervention could create panic and anxiety among the citizens. Cases of failure of military equipment and systems, violations of national security secrets, and electrical power cuts that are likely to occur following a cyber attack may tamper with national security, and the country may be less effective in the way it responds to further infringement. Cyber warfare affects state security because businesses may collapse, and the individuals and household income may depreciate. The state agencies charged with the tasks of preventing possible attacks should not relent in their practices to prevent contravening the quality of state security.
Application of Proper Legislations and Policies
The possible severe effects of cyber warfare call for the application of suitable legislations and policies that would evade more problems and some regions such as the U.S. are already forming effective regulations to prevent possible cyber attacks. The California Consumer Privacy Act (CCPA) is an example of an effective state law aimed at enhancing consumer protection and privacy rights for the inhabitants of California. The Act has achieved tremendous outcome in building consumer confidence since its signing into law on June 2018 by Governor Jerry Brown. The law creates more avenues and facilitates the processes through which people know what personal information is gathered about them, and to know whether their personal information is disclosed or put under safe custody.The CCPA allows people to reject the sale of their personal data, and the residents can now access their information with ease and much faster. The law permits people to request for the removal of their personal information, and protects them against any form of discrimination for applying their privacy rights. It is possible to prevent cyber warfare through the application of the CCPA violators cannot access and use the personal information of others to launch attacks over the internet aimed at harming other countries.
Another legislation that plays a vital role in preventing instances of cyber warfare is the General Data Protection Regulation (GDPR) that is applicable in the European Union (EU). The GDPR is the most essential overhaul of the EU data protection regulations for over 20 years. Amongst other things, the GDPR is intended to offer more effective protection to individuals and to offer greater surety to firms in advocating for data security across the EU member states. The GDPR is similar to the CCPA in California in the way it allows for the protection of personal data during storage and transfer outside the EU. The law that applies to all businesses regardless of their type and size directs processors and managers of personal data to apply suitable data protection guidelines (European Commission). The directive urges data controllers and handlers to create information systems while keeping privacy in mind by applying the most effective privacy structures so that it is impossible for unauthorized persons to access datasets and personal information (European Commission). The GDPR directs data handlers to ensure that no data is retrieved and processed unless the practice happens in accordance with one of the six guidelines stipulated by the legislation. The law, for example, only mandates the processing of personal data when entering into a contract,or when consent exists between all parties, or under legal circumstances (European Commission). The GDPR is effective in regulating cyber warfare because unauthorized parties cannot easily access the personal data of others and use them to perpetuate online attacks against the state.
The regulation is appropriate because it offers hefty penalties and fines to those who fail to abide by the requirements. The fines for a major defiance under the law are substantial, and can be as high as 20 million pounds (O’Donnellan). The hefty fines help to push as many multinational corporations and SMEs as possible to incorporate features that protect the personal data of their customers, which all contribute towards containing cyber warfare in the region and beyond. More businesses and state agencies in the EU region welcome the provisions of the GDPR because they understand that data violations impact on the agency’s reputation and consumer loyalty, and also disrupt its consumer loyalty (O’Donnellan). The EU member states remember vividly what happened to Yahoo that lost approximately $350 million after its data was infringed upon immediately after forming a partnership with Verizon (O’Donnellan). The companies and state agencies in the EU adhere to the provisions of the GDPR because they know how data breaches interfere with strategic information and intellectual property rights, and how violation can disrupt daily operation. The companies that apply the directives of the GDPR would not want to be in a similar position with the NHS hospitals that were rendered nonoperational in the surgical department following the WannaCry ransomware violation of 2017 (O’Donnellan). As the magnitude of cyber threat continues to broaden, international and local firms should embrace the data security guidelines outlined by the GDPR as a chance to lower the risks of data violation and online attacks.
The ClarifyingLawful Overseas Use of Data Act (CLOUD Act) is legislation in the U.S. that offers provisions that could allow for the prevention of cyber warfare although some feel the law requires amendments to rectify some of its limitations. The U.S. federal law formulated in 2018 is an amendment of the Stored Communications Act of 1986 permits federal law enforcement agencies to retrieve data stored on servers in the U.S. or elsewhere (Evans et al.). The law directs data andcommunication firms in the U.S. to issue stored information for a subscriber or buyer on the servers they manage when requested by court warrant. Some groups, including the Human Rights Watch and the American Civil Liberties feel that the bill take away the rights enshrined in the Fourth Amendment that protects people from unwarranted seizures and searches. The critics feel that the bill is ineffective and could perpetuate cyber warfare because the state has the right to access personal data and share the information with foreign nations without notifying the affected person (Evans et al.). The CLOUD Act, however, may contribute towards preventing online attacks because it offers mechanisms for courts or companies to challenge the request when they feel that the information could get into wrong hands or used to perform illicit practices. The state must also follow the due process before accessing the data as a way of preventing unregulated access (Evans et al.). The CLOUD Act could be having some weaknesses, but the guidelines the state must follow before accessing the information may help to prevent unrestricted entry that could facilitate the occurrence of cyber warfare.
The Role of the Budapest Convention in Preventing Cyber Warfare
The Convention on Cybercrime of the Council of Europe popularly referred to as the Budapest Convention is the initial global treaty aimed at addressing online internet-related crimes by improving cooperation between countries, advancing investigation approaches, and harmonizing laws at the national level. The Council of Europe formulated the Budapest Convention in Strasbourg, France in the presence of representatives from the U.S., Canada, South Africa, and Japan (Council of Europe). The initial international treaty on crimes carried out through the internet and other computer systems, particular helps to prevent cybercrimes that relate to violations of copyrights, online deception, infringements of networks, and hate crimes (Council of Europe). The convention aims at form a universal criminal policy aimed at safeguarding the society against cybercrimes, particularly by embracing suitable legislations and promoting international cooperation. The Budapest Convention is effective in preventing cyber warfare because it allows domestic judicial institutions to investigate and prosecute violators or the people responsible for cybercrime, and because it advocates for cooperation at the international level aimed at curbing threats and attacks (Council of Europe). The other provisions of the Budapest Convention that could help to prevent cyber warfare include the provision of suitable structures for storing data, retrieval, and interception of information (Council of Europe). More fundamentally, the Convention offers a framework for accessing data when dealing with trans-border issues, and allows for the formation of an assistance center where people can follow up on the storage and utilization of their personal information (Council of Europe). The Budapest Convention should set an example to hold other similar conventions with the objective of developing suitable structures for combating cyber warfare.
Conclusion
The growth of technology increases the risk of cyber warfare, which could result in adverse consequences that affect a state. Cyber warfare involves a scenario where a country or people who have state protection and use state resources manipulate the computer or electronic systems of other countries with the motive of causing harm. Several countries have become victims of cyber warfare, which indicate that such threats and attacks are real and any nation can be a victim without employing proper preventive measures. Cyber warfare is now more threatening than ever, and could even be more serious in future because people rely on electronic forms and the internet for various reasons. The internet transforms business operations and allows people to interact via social media avenues, which increase the possibilities of attacks. Countries should create proper mechanisms to counter cyber warfare and attacks because such violations could affect the national infrastructure, public informationsystems, social wellbeing, as well as destabilize national security. Nations should improve their protection against cyber warfare by developing and applying suitable legislations and policies. Several states including Qatar have by now introduced schemes to avoid online intimidation and infringement. Qatar understands the possible effects of cyber warfare in the different aspects of life, and continues to apply suitable mechanisms to deal with the threat that affects the various areas of life. The country invests in cyber diplomacy with the objective of creating awareness about the threat and forming closer ties with neighboring nations in combating the problem. Various institutions of higher learning have come together to facilitate the cyber diplomacy initiative, and so far the joint effort has yielded substantial results. The Qatari government enacted the Cybercrime Prevention Law no. 14 of 2014 with the objective of containing and preventing cases of cyber warfare. The regulation outlines some of the major penalties, including jail terms and fines that violators are likely to face, and the strict directives help to prevent any incidence. It may also be imperative to make use of ideas from legislations such as the General Data Protection Regulation, the California Consumer Privacy Act, the ClarifyingLawful Overseas Use of Data Act, and the Convention on Cybercrime of the Council of Europe
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