Legal Issues on the Enhancement of Cybersecurity

This is the abstract of an article on Cybersecurity, which is contained in the Internet Law Journal, Vol.3 No.1 published in June 2004.

In this Information Age, it is quite true that knowledge or information is traded like tangible goods through the Internet. Businesses, big or small, are employing information technologies to enhance their competitiveness. The government adapts itself to the quickly developing e-environment.

The role of law is also changing in the course of information revolution. It has to suggest a new direction and is ready to support IT businesses with various incentives.

The cyberspace consists of millions of computers, servers, routers, communication cables, etc. and functions as a pivotal infrastructure of the nation. So the cybersecurity is first and foremost important in the daily operation of computer systems and networks. As we witnessed during the worm virus-driven Internet fiasco in January 2003, the breakdown of the nation's online networks for a half day would cripple our socio-economic life to the uncontrollable extent.

Therefore, various kinds of cyber-attacks or threat should be prevented and suppressed to maintain the telecommunications infrastructure and to secure the cyberspace of the nation. This article delves into the proposed possible amendment to the current laws concerning information systems and communication networks.

The pertinent substantive laws are the Criminal Code, the Information and Telecommunication Infrastructure Protection Act and the Act to Promote Information Telecommunication Networks and to Protect Personal Information among others. This article stresses a concerted approach to punishment against the same kind of electronic offenses. In other words, the relevant provisions of the Criminal Code should be firstly invoked as a general law rather than the special laws in case of electronic offensive incidents. Also this article calls for harmonized efforts and systematic cooperation by the government, IT-related businesses and individual Internet users to secure the cyberspace.