On the Way to Cyber Norms: Legal Frameworks and Human Rights

Abstract

The formation of cyber norms at the international level is a complex and evolving process that requires the coordinated efforts of cyber diplomats, legal experts, and policymakers. Key obstacles include the rapidly changing technological environment, rising technonationalisms, differing interpretations of international legal frameworks, and a fragmented normative landscape. This chapter outlines the intricate landscape of cyber norms formation. It does so by (i) retracing the crucial role of international law in this process by providing a framework for consensus and legitimacy; (ii) discussing the challenges cyber diplomats face in navigating the tension between normative expectations and binding law requirements; and (iii) exploring how this tension is manifested in the debate on the nexus between international cybersecurity and human rights across its fragmented normative landscape.