Research On The Security Governance Of Cyberspace In The West

Today's cyberspace is in the process of continuous vigorous development,which has evolved into the “Fifth Space” of human beings.At the same time,cyberspace is also an emerging field in which global governance and international rules play a role,and it is becoming an important area for big powers to play games.The special attributes of cyberspace make it have some contradictions with the traditional society in the form of expression,such as the resolution of national sovereignty by the network sovereignty,the conflict between the network governance and the traditional social governance and so on.Therefore,the international academic circles pay more and more attention to the relevant issues of Cyberspace Security Governance,and from the political,technical,legal and many other fields,the construction of a new network order has been studied and explored from multiple perspectives.Tallinn Manual is the first attempt of international experts to apply international customary law to cyberspace,hoping to extend the legal rules recognized by the international community into the field of cyberspace governance.The publication of Tallinn Manual 1.0 has attracted worldwide attention.Although the manual does not have legal force and political position is relatively neutral,it still has an important reference significance in solving the problem of network conflict.The concept of network governance represented by the manual has also aroused international scholars' debate.Because the expert groups of Tallinn Manual 1.0 are all from the United States,Britain and other western network powers,some experts and even important military personnel,the rules they lead to formulate also have a strong military color.Therefore,international scholars have questioned this.In response to these disputes,the compilation team changed experts and published Tallinn Manual 2.0 on the International Law Applicableto Cyber Operations in 2017 in response to the queries raised by international scholars.Tallinn Manual 2.0 not only inherits the first version of the provisions of the network war law,but also extends to the relevant norms of network operations in peacetime.From the perspective of tendency,some of the rules in Tallinn Manua 2.0 are still one-sided,that is,they are inclined to the interests of western network powers,and are not conducive to the development of network technology and high-tech in China,Russia and other network developing countries.The real purpose of applying the principle of state sovereignty in Tallinn Manual 2.0 is to pave the way for the network war part of the manual,hoping to militarize cyberspace and legitimize cyber weapons from the perspective of network sovereignty.From the perspective of rule interpretation,Tallinn Manual 2.0 has the phenomenon of limited interpretation and over interpretation.For example,by limiting the interpretation of the right of self-defense and over interpretation,we can expand the means of aggression and limit the means of relief.From the content point of view,Tallinn Manual focuses on the rules of cyber war and cyber action in peacetime,i.e.the relevant rules of cyber conflict,but it does not involve the problems of individual criminal crimes and conflicts between Internet users,and there is a tendency to create “ought to be laws” in specific fields.Therefore,the development of cyberspace related rules still needs more participation of the international community.With the rapid development of China's network technology,5G and other advanced communication technologies rank first in the world,which make China increasingly become a big network country.However,when China participates in cyberspace governance,it will still encounter many challenges.China's basic Internet technologies,such as network routing and transmission protocol,are still subject to the western network powers.China's voice in participating in global governance still needs to be further improved,and when participating in international exchanges and cooperation,the proposed initiatives and principles are easily ambiguous after translation.Although China still faces the technical blockade of Western powers,the international environment is still conducive to the development of China's network technology.The concept of “a community with a shared future in cyberspace” advocated by China vividly expresses China's attitude on cyberspace governance.In contrast,China ‘s cyberspace governance concepts and initiatives will play an important positive role in promoting the reasonable transformation of the current cyberspace pattern and the formulation of cyberspace governance rules.At present,China is in a period of rapid change and development.It has become an important task and mission for China to actively participate in the governance process of cyberspace to strengthen the top-level design of cyberspace,improve the rules of cyberspace,and realize the autonomy of core technologies.It is also the proper meaning for China to build a global “cyberspace community”.