4 Chapter 3: Governance Overview: Main Governing and Regulatory Mechanisms 4 Chapter 3: Governance Overview: Main Governing and Regulatory Mechanisms

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))

4.1 3.1 Overview of Relevant International Cybersecurity Bodies and Mechanisms (public and private) 4.1 3.1 Overview of Relevant International Cybersecurity Bodies and Mechanisms (public and private)

Purpose: To provide the reader an understanding of the theory behind Internet governance and the multi-stakeholder nature of the Internet. It will also outlines a number of globally relevant bodies and treaties, including ICANN, IETF, ITU, SCO, and the COE Convention on Cybercrime.

4.1.1 3.1.1 Introduction to Internet Governance Frameworks 4.1.1 3.1.1 Introduction to Internet Governance Frameworks

Presents an overarching framework for Internet governance and discusses the difficulties that arise with coordinating regulation across the globe in a rapidly changing cyber-environment.

4.1.2 3.1.2 Select Globally-Relevant Bodies and Treaties 4.1.2 3.1.2 Select Globally-Relevant Bodies and Treaties

Provides an understanding of the major bodies and treaties that impact cybersecurity on a global-level, to include ICANN, ITU, SCO, and various international treaties.

4.1.2.1 Internet Corporation for Assigned Names and Numbers (ICANN) 4.1.2.1 Internet Corporation for Assigned Names and Numbers (ICANN)

Provides an understanding of the major bodies and treaties that impact cybersecurity on a global-level, to include ICANN, ITU, SCO, and various international treaties.

4.1.2.2 The Internet Engineering Task Force (IETF) 4.1.2.2 The Internet Engineering Task Force (IETF)

The Internet Engineering Task Force is a loosely coordinated and self-organized body that contributes to the engineering and evolution of Internet technologies. It is the principal body engaged in the development of new Internet standard specifications.

4.1.2.3 Shanghai Cooperation Organization 4.1.2.3 Shanghai Cooperation Organization

The Shanghai Cooperation Organisation (SCO) is a permanent intergovernmental international organization created on 15 June 2001 in Shanghai (China) by the Republic of Kazakhstan, the People’s Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan.

4.1.2.4 International Telecommunication Union (ITU) 4.1.2.4 International Telecommunication Union (ITU)

An agency of the United Nations focused on telecommunication networks and radio frequency allocations. In recent years, a number of UN members have sought to provide the ITU more regulatory power of the Internet, an ongoing, and contentious debate.

4.1.2.6 Organization of American States 4.1.2.6 Organization of American States

The OAS brings together all 35 independent states of the Americas and constitutes a political, juridical, and social governmental forum of the entire Hemisphere. In addition, it has granted permanent observer status to 67 states, as well as to the European Union (EU).

4.2 3.2 Introduction to Domestic Governing and Regulatory Bodies 4.2 3.2 Introduction to Domestic Governing and Regulatory Bodies

Purpose: To provide an overview of U.S. regulatory bodies that influence and shape the cyber-domain both domestically and throughout the world.

4.2.1 3.2.1 Overview 4.2.1 3.2.1 Overview

Provide an understanding of the overall structure of the U.S. response to the cybersecurity issues.

4.2.2 3.2.2 Relevant Domestic Organizations, Policies, and Strategies 4.2.2 3.2.2 Relevant Domestic Organizations, Policies, and Strategies

Provides an introduction and broad overview of the major organizations, policies, and strategies involved in domestic cybersecurity policy-making and approaches, including: The White House (WH), Congress, The Department of Defense (including CYBERCOM and National Security Agency), the Department of Homeland Security (DHS), and the Federal Bureau of Investigation (FBI).

4.2.2.1 The White House 4.2.2.1 The White House

The White House’s interest and involvement in cybersecurity has grown and evolved since President Clinton issued Presidential Decision Directive 63 (PDD-63) in 1998.

4.2.2.2 Department of Defense 4.2.2.2 Department of Defense

The DoD encompasses much of the U.S. government’s technical expertise to both respond to cyber-incidents, as well as conduct and defend against cyberattacks; it includes both the NSA and CYBERCOM.

4.2.2.3 Department of Homeland Security 4.2.2.3 Department of Homeland Security

The DHS is responsible for responding to domestic cybersecurity incidents and has made cybersecurity one of its five most important mission areas. Most versions of cybersecurity reform envision greatly expanding DHS’s cyber responsibilities.

4.2.2.4 Federal Bureau of Investigation 4.2.2.4 Federal Bureau of Investigation

The FBI maintains cyber squads at its field offices and leads the National Cyber Investigative Joint Task Force (NCIJTF), an interagency focal point for such cyber threat investigations and analysis.

4.2.2.5 National Institute of Standards and Technology 4.2.2.5 National Institute of Standards and Technology

NIST is a non-regulatory federal agency within the Department of Commerce and promotes innovation and industrial competitiveness by advancing measurement science, standards, and technology. The NIST Laboratories conduct research in collaboration with industry to advances the nation's technology infrastructure.

4.2.2.6 Federal Communications Commission 4.2.2.6 Federal Communications Commission

The FCC regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories.

4.3 3.3 Introduction to Law-Enforcement Frameworks as Applied to the Digital Domain 4.3 3.3 Introduction to Law-Enforcement Frameworks as Applied to the Digital Domain

Purpose: To orient the reader to the law-enforcement frameworks that apply in the digital domain, and the inherent difficulties with enforcing rules in cyberspace.

4.3.1 Application of the Laws of War 4.3.1 Application of the Laws of War

With the revolutionary nature of the cyber-domain for international conflict, the current laws of war must be carefully considered to determine if they are sufficient to dictate proper conduct during cyberwars.