Chapter 3: Governance Overview: Main Governing and Regulatory Mechanisms

Jack Goldsmith and a Berkman Center Cybersecurity Team

Purpose: This chapter is designed to provide an overview of the main governing and regulatory mechanisms, both internationally and domestically, that cover cybersecurity considerations. Readings on select bodies in each domain are also presented. It is divided into three units: in addition to an introduction to Internet Governance Frameworks, the first unit provides an overview of the relevant international cybersecurity bodies, both public and private. The second presents domestic bodies and units. The final unit provides an introduction to some law-enforcement frameworks as they have been applied to the digital domain are presented. Concepts Covered: Globally-Relevant Bodies and Treaties (ICANN, IETF, ITU, Convention on Cybercrime (Council of Europe), Organization of American States (OAS), Shanghai Cooperation Organization); Relevant Domestic Organizations, Policies, and Strategies (White House (WH), Congress, The Department of Defense (DoD) (CYBERCOM, National Security Agency), the Department of Homeland Security (DHS), FBI, NIST, and the FCC; Law-enforcement frameworks (Jurisdiction and Territoriality in Cyberspace, Anonymity and Attribution, Application of the Laws of War, Issues with digital law enforcement (wiretapping and VoIP, digital search and seizure, private sector cooperation w/ law enforcement))

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.