A Critical Analysis of the Need for a Stronger International Legal Framework for Cyber Ethics in Times of Pandemic

Abstract

Cyber technologies have changed both social and international relations dramatically. The influence of information and telecommunication technologies (hereafter – ICTs) extends from daily life to fundamental freedoms, economies, public administration and political relations. Recent changes brought by coronavirus has emphasized the world’s heavy dependence on ICTs. The technologies provide a virtual environment for normal working processes, ensure e-procurement for medical equipment and supplies, raise awareness of coronavirus prevention, maintain people’s life at hospitals etc. However, ICTs not only provide considerable benefits to society as a whole, but also can be used for criminal purposes as well as in manner inconsistent with the Charter of the United Nations to inflict substantial damage to critical infrastructure of a state, interfere in elections, block e-government and bank services etc. The pandemic has led to the introduction of new cyber challenges and risks. At the same time, there is no international treaty on cybersecurity as well as on combating cybercrime concluded under the auspices of the United Nations that could be applicable to cope with these newly emerged threats. In this situation, cybersecurity challenges might be addressed through ethical norms, which are more flexible than international legal norms. Thus, in the absence of comprehensive legal response to cyber risks cyber ethics is particularly important. Therefore, the article analyzes international legal basis for international cyber ethics. It distinguishes the types of international relations that are regulated by ethical norms. The research defines new risks to cyber security that have emerged during the pandemic and discusses possible ways to respond them through cyber ethics. The paper expresses a view that ethical rules concerning friendly and responsible state behaviour in the context of combating cybercrime should be reflected in an international convention on countering the use of information and communications technologies for criminal purposes, which is going to be developed under the auspices of the United Nations.