Abstract
This book has demonstrated that there are significant variables in the way Commonwealth members have addressed data, cybersecurity and arbitration laws. It has been argued that these three areas of law will significantly underpin the digital economy-and the economic benefits it brings. A failure to improve the level of legal convergence amongst these laws could have an impact on the rule of law and rules based system. It will dilute the benefits from trade and investment across the digital economy. Nonetheless, this chapter concludes by discussing the emerging consideration of develo** and embedding ethical principles into national laws and organisations self-regulation. This is particularly crucial as technology is evolving, where there can be fatal human and economic consequences. It calls for a much wider review of the current ethics principles being considered by some national governments. This is, in my view, where the Commonwealth can come together and rapidly set the global rules.
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Notes
- 1.
Elonnai Hickok, Ethics and AI in India , 2018, https://cis-india.org/internet-governance/files/ethics-and-ai.
- 2.
Federal Data Strategy, Data Ethics Framework, 2019, p. 9,
https://resources.data.gov/assets/documents/fds-data-ethics-framework.pdf.
- 3.
Ibid, p. 10.
- 4.
Government of India, Ministry of Electronics & Information Technology, pp. 20–22. https://www.meity.gov.in/writereaddata/files/Committes_D-Cyber-n-Legal-and-Ethical.pdf.
- 5.
Critical technologies are emerging technologies that, and broadly refers to strategically important technology areas.1Australia, for example, defines ‘critical technology’ as ‘technology that can significantly enhance or pose risks to Australia’s national interests, including our prosperity, social cohesion and national security’. Australian Strategic Policy Institute, https://www.aspi.org.au/report/benchmarking-critical-technologies See also, https://www.foreignminister.gov.au/minister/marise-payne/speech/launch-international-cyber-and-critical-technology-engagement-strategy Most countries will have a similar definition to that of Australia, however, there may be subtle differences to meet local sovereign needs. United Kingdom, Critical Technologies Strategy, 2021, https://publications.parliament.uk/pa/cm5801/cmselect/cmsctech/450/45006.htm.
- 6.
Government of India, Ministry of Electronics & Information Technology, pp. 22–24. https://www.meity.gov.in/writereaddata/files/Committes_D-Cyber-n-Legal-and-Ethical.pdf.
- 7.
Luciano Floridi, Mariarosaria Taddeo, What is data ethics? 2016, https://royalsocietypublishing.org/doi/epdf/10.1098/rsta.2016.0360.
- 8.
Ibid.
- 9.
United Kingdom, Data Ethics Framework, 2020, p. 8, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/923108/Data_Ethics_Framework_2020.pdf Transparency means that your actions, processes and data are made open to inspection by publishing information about the project in a complete, open, understandable, easily-accessible, and free format. In your work with and on data and AI, use the available guidance. Accountability means that there are effective governance and oversight mechanisms for any project.
Fairness — It is crucial to eliminate your project’s potential to have unintended discriminatory effects on individuals and social groups. You should aim to mitigate biases which may infuence your model’s outcome and ensure that the project and its outcomes respect the dignity of individuals, are just, non- discriminatory, and consistent with the public interest, including human rights and democratic values.
- 10.
Ibid, p. 9.
- 11.
United Kingdom Cyber Security Council, Code of Ethics, 2021, https://www.ukcybersecuritycouncil.org.uk/media/0f1emde3/code-of-ethics-july-2021.pdf Credibility i) maintain the highest standards of objectivity in their service delivery, ii) present the highest standards of advice and conduct, iii) act in ways that are at all times accountable and ethical. Integrity i) be honest and act with integrity in the conduct of their activities and services ii) demonstrate compliance with legislation and regulations. Professionalism i) uphold and improve the professionalism and reputation of the cyber security sector, and be able to evince this by sharing experiences, opportunities, techniques and tools that they consider of merit or which may represent a potential cyber security risk ii) undertake to promote and advance public awareness and understanding of cyber security and its benefits iii) operate from an evidence-based position iv) rebut false or misleading statements concerning the industry or profession and its practices. Responsibility and Respect i) accept appropriate responsibility for what is within their power, control or management ii) apply, at all times, good practice in respect of safeguarding data and information, including but not limited to recognition of potential risks to an ethical principle iii) declare immediately any potential conflict of interest iv) ensure any deliverable is objective, justifiable and defendable v) champion equality of opportunity, diversity and inclusion and support human rights, dignity and respect.
- 12.
Swiss Cyber Institute; https://swisscyberinstitute.com/blog/a-holistic-approach-to-ethical-issues-in-cyber-security.
- 13.
Paul Formosa, Michael Wilson, Deborah Richards, A principlist framework for cybersecurity ethics, Science Direct, Elsevier, 3.
- 14.
Paul Formosa, Michael Wilson, Deborah Richards, A principlist framework for cybersecurity ethics, Science Direct, Elsevier, 4.
- 15.
Bruno Zeller, Robert Walters, Develop and define an Ethics methodology/framework that is risk-based, forthcoming.
- 16.
Shannon Vallor, An Introduction to Cybersecurity Ethics, 2. Santa Clara University. https://www.scu.edu/media/ethics-center/technology-ethics/IntroToCybersecurityEthics.pdf, at 15.
- 17.
Ibid, p. 16.
- 18.
[2022] FCA 496.
- 19.
John Rawls. A theory Of Justice, Harvard University:Press, 1999, 21.
- 20.
Shannon Vallor, An Introduction to Cybersecurity Ethics, 2. Santa Clara University. https://www.scu.edu/media/ethics-center/technology-ethics/IntroToCybersecurityEthics.pdf.
- 21.
Gry Hasselbalch, Data Ethics of Power, Edward Elgar Publishing (2021), p. 31.
- 22.
Ibid, p. 36.
- 23.
Elonnai Hickok, Ethics and AI in India , 2018, https://cis-india.org/internet-governance/files/ethics-and-ai.
- 24.
David-Olivier Jaquet-Chiffelle and Michele Loi, Ethical and unethical Hacking. In Christen, M., Gordijn, B., Loi, M. (eds) The Ethics of Cybersecurity, The International Library if Ethics, Law and Technology, vol 21. Springer (2020), pp. 179–205.
- 25.
Ibid, p. 193.
- 26.
Markus Christen, Bert Gordijn, Nadine Kleine, Gwenyth Morgan, Karsten Weber, Cybersecurity and Ethics,White Paper 1, 2020, European Commission Erasmus Funding Grant.
- 27.
European Commission, Ethics Guidelines for Trustworthy AI, 2019, p. 37 https://www.aepd.es/sites/default/files/2019-12/ai-ethics-guidelines.pdf.
- 28.
Ibid, pp. 14–15.
- 29.
Ishaani Priyadarshini, Chase Cotton, Cybersecurity Ethics, Legal, Risks, and Policies, CRC Press Taylor Francis (2022), pp. 14–15, It explores the philosophical aspect behind ethics that includes life between birth and death. Gaining unauthorized access to someone’s account or compromising the privacy of an account are situations that are unethical and Ethics as Philosophy could avert such situations.
- 30.
Ibid, It deals with Community Ethics. These underpin questions of bad and good of social media, how it has an impact on the community life and chances of global communication. It also takes into account abuse in terms of cyber bullying, mobbing, etc. It manifests the core values and virtues that usually have their source in the family.
- 31.
Ibid, It deals with the impact of cyber technology on human-nature relations. It also highlights the environmental negative impact of energy use as well as the positive impact of environmental advantages of weather forecast, scientific research, etc. It deals with questions like whether it is ethical to jeopardize natural resources in order to carry out research.
- 32.
Ibid, It is concerned with changes in political systems. These may be in the form of elections, security, armies with autonomous weapons, need, and limits of regulation of cyberspace on international and national levels, etc. Elections have been known to get manipulated over cyberspace; Ethics from the political perspective may be one of the ways to avoid it.
- 33.
Ibid, It explores the positive and negative impacts of cyberspace. The factors taken into account are economic growth, job creation or job losses, financial investments in cybersecurity research, etc. The financial sector is frequently hit by data breaches and monetary losses. Economic Ethics could be followed while dealing with such situations.
- 34.
Ibid, It looks at the ethical and unethical impact of cyberspace on culture, music, art, dance, language diversity, cultural inclusion or discrimination, religious respect or hate messages through the internet, etc. Social media provides platforms for religious and cultural disputes. Kee** in mind Religious Ethics may be a way of avoiding it.
- 35.
Ishaani Priyadarshini, Chase Cotton, Cybersecurity Ethics, Legal, Risks, and Policies, CRC Press Taylor Francis (2022), p. 5.
- 36.
Organisation for Economic Co-operation and Development, Privacy Guidelines, https://www.oecd.org/sti/ieconomy/oecd_privacy_framework.pdf.
- 37.
Ishaani Priyadarshini, Chase Cotton, Cybersecurity Ethics, Legal, Risks, and Policies, CRC Press Taylor Francis (2022), p. 54.
- 38.
The Commonwealth Model Privacy Bill, Office of Civil and Criminal Justice Reform, https://www.asianlaws.org/gcld/cyberlawdb/COM/P15370_9_ROL_Model_Privacy_Bill_0.pdf.
- 39.
The Commonwealth Model Bill on the Protection of Personal Information, Office of Civil and Criminal Justice Reform, https://www.asianlaws.org/gcld/cyberlawdb/COM/P15370_6_ROL_Model_Bill_Protection_Personal_Information_2.pdf.
- 40.
Model Law on Computer and Computer Related Crime, Office of Civil and Criminal Justice Reform, 2017, p. 1 https://production-new-commonwealth-files.s3.eu-west-2.amazonaws.com/migrated/key_reform_pdfs/P15370_11_ROL_Model_Law_Computer_Related_Crime.pdf.
Ibid, sections, 5,6,7,8,9.
- 41.
Asian Business Law Institute, President of SAL sets out his vision for legal convergence and ABLI, 2016, https://abli.asia/NEWS-EVENTS/Whats-New/ID/7.
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Walters, R. (2023). Ethics, Moving Forward and Conclusion. In: Cybersecurity and Data Laws of the Commonwealth. Springer, Singapore. https://doi.org/10.1007/978-981-99-3935-0_29
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