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Legal Developments on Cybersecurity and Related Fields

  • Book
  • © 2024

Overview

Editors:
  1. Francisco António Carneiro Pacheco de Andrade

    1. School of Law, University of Minho, Braga, Portugal

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  2. Pedro Miguel Fernandes Freitas

    1. Faculty of Law Oporto, Catholic University of Portugal, Porto, Portugal

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  3. Joana Rita de Sousa Covelo de Abreu

    1. School of Law, University of Minho, Braga, Portugal

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  • Holistically reviews current legal developments in cybersecurity
  • Offers a comprehensive, interdisciplinary understanding of cybersecurity
  • Shares thought-provoking ideas that engage the reader and encourage new outlooks on cybersecurity

Part of the book series: Law, Governance and Technology Series (LGTS, volume 60)

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Table of contents (18 chapters)

  1. Front Matter

    Pages i-vi
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  2. Legal Developments on Cybersecurity and Related Fields: Introductory Notes and Presentation

    • Francisco António Carneiro Pacheco de Andrade, Pedro Miguel Freitas, Joana Rita de Sousa Covelo de Abreu
    Pages 1-6

  3. Cybersecurity, Cyberdefence and Law

    1. Front Matter

      Pages 7-7
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    2. Getting Critical: Making Sense of the EU Cybersecurity Framework for Cloud Providers

      • Ian Walden, Johan David Michels
      Pages 9-38

    3. Cyber Operations Targeting Space Systems. Legal Questions and the Context of Privatisation

      • Bruno Reynaud de Sousa
      Pages 39-59

    4. Legal Management of the Concept of Risk in Reversible Operations Against Space Assets

      • Giulia Pavesi
      Pages 61-75

    5. Knowledge Management and Continuous Improvement in Cyberspace

      • João Manuel Assis Barbas
      Pages 77-92

    6. Information Security Metrics: Challenges and Models in an All-Digital World

      • Henrique Santos, Teresa Pereira, André Oliveira
      Pages 93-114

    7. Cyberterrorism and the Portuguese Counter-Terrorism Act

      • Pedro Miguel Fernandes Freitas
      Pages 115-127

  4. Cybersecurity and Law: Specific Topics

    1. Front Matter

      Pages 129-129
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    2. Towards Cyber Security Regulation of Software in the European Union

      • Arno R. Lodder, Joeri J. Toet
      Pages 131-144

    3. The Importance of the Computer Undercover Agent as an Investigative Measure Against Cybercrime: A Special Reference to Child Pornography Crimes

      • Almudena Valiño Ces
      Pages 145-165

    4. Post-Mortem Data Protection and Succession in Digital Assets Under Spanish Law

      • Marta Otero Crespo
      Pages 167-186

    5. The Suitability of the Regime of Technological Measures for Copyright Protection in the Face of Modern Cybersecurity Risks

      • Pedro Dias Venâncio
      Pages 187-199

    6. Digital Signatures and Quantum Computing

      • Francisco António Carneiro Pacheco de Andrade, José Carlos Bacelar Almeida
      Pages 201-217

    7. No Words Needed? Emojis as Evidence in Judicial Proceedings

      • Ana Rodríguez Álvarez
      Pages 219-231

  5. Cybersecurity, Ethics and Fundamental Rights

    1. Front Matter

      Pages 233-233
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    2. Bug Bounties: Ethical and Legal Aspects

      • João Paulo Magalhães
      Pages 235-250

    3. Profiling and Cybersecurity: A Perspective from Fundamental Rights’ Protection in the EU

      • Alessandra Silveira
      Pages 251-288

    4. Legal Developments on Smart Public Governance and Fundamental Rights in the Digital Age

      • Isabel Celeste Fonseca, Joel A. Alves
      Pages 289-306
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Keywords

About this book

This book presents a fresh approach to cybersecurity issues, seeking not only to analyze the legal landscape of the European Union and its Member States, but to do so in an interdisciplinary manner, involving scholars from diverse backgrounds – ranging from legal experts to ICT and engineering professionals.


Cybersecurity requirements must be understood in a broader context, encompassing not just conventional aspects, but also emerging topics. This can only be achieved through an interdisciplinary approach. Indeed, cybersecurity should be consistently considered in relation to cybercrime and/or cyber defense, while examining it through the lens of specific domains that are intertwined with various legal fields. Moreover, it is crucial to uphold ethical standards and safeguard fundamental rights, particularly regarding personal data protection.


By adopting this comprehensive perspective, the significance of cybersecurity in the exercise of public authority becomes apparent. It also plays an essential role in upholding the fundamental values of both individual Member States and the EU as a whole, such as the rule of law. Moreover, it fosters trust, transparency, and effectiveness in market relations and public administration interactions.


In turn, the book draws on the expertise of its authors to provide insights into ICT components and technologies. Understanding these elements holistically is essential to viewing every "cyber" phenomenon from a legal standpoint. In addition to the holistic and interdisciplinary approach it presents, the book offers a captivating exploration of cybersecurity and an engaging read for anyone interested in the field.

Editors and Affiliations

  • School of Law, University of Minho, Braga, Portugal

    Francisco António Carneiro Pacheco de Andrade, Joana Rita de Sousa Covelo de Abreu

  • Faculty of Law Oporto, Catholic University of Portugal, Porto, Portugal

    Pedro Miguel Fernandes Freitas

About the editors

Prof. Francisco António Carneiro Pacheco de Andrade is a Professor of Law at Universidade do Minho School of Law. He is the Director of the Master Course on Law and Informatics where he teaches subjects such as “Electronic Commerce and Electronic Contracting”, “Cryptography, Identification and Documents” and “Privacy and Data Protection”. He is an integrated research member of the Research Center JusGov – Research Center in Justice and Governance. He is author of papers in the domains of electronic commerce and electronic contracting, electronic identification, electronic signatures, electronic documents, electronic government and online dispute resolution.


Prof. Pedro Miguel Fernandes Freitas is a Professor of Law at the Universidade Católica Portuguesa, Portugal, where he teaches and researches on Law and Technology, Criminal Law and Criminal Procedure. He currently leads different academic programs on Law and Technology, both at an undergraduate and postgraduate level, at the same university. He is also the director of the Lusophone Institute for Law and Criminology, a large-scale association that fosters research on Law and Criminology in Portuguese-speaking countries.


Prof. Joana Rita de Sousa Covelo de Abreu is a Professor of European Union law at the University of Minho – School of Law, Portugal and an integrated research member of JusGov. She acts within the European Union Law, namely devoting her attention to EU Procedure, Data Transfer and Interoperability within European e-Government and e-Justice paradigms. She was the Coordinator of the Jean Monnet Module eUjust – “EU Procedure and credits’ claims: approaching electronic solutions under e-Justice paradigm” (until 2022). She was an appointed expert to the modernization of judicial cooperation in civil matters (DG Justice and Consumers – European Commission), in 2018, namely concerning discussing Commission’s proposals on taking of evidence and service of documents’ Regulations. She is Editor of UNIO – EU Law Journal and its official blog “Thinking & Debating Europe – The official blog of UNIO”.

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