A Conceptual and Legal Approach to the Cyberspace: The Dilemma Security Versus Freedom

Abstract

We should not assume that security and freedom are constantly at war with each other. When a person or a population is considered safe, do they consider themselves free? Usually, the opposite is true. If it is not so, what kind of freedom are we talking about? In fact, insecurity mainly has two key precursors; those with adverse natural, immediate or catastrophic effects, and those that arise from criminal or pre-criminal activities. The former naturally limit or condition us, as we try to limit or reduce their consequences, but we are not able to master them as such. But we cannot forget that there are other aspects which have complicated the picture. The use of computer tools in the Internet environment forces us to work from a much more technical point of view when we analyze crime materials and risk, as well as types of criminals and the use of tests and expert reports. Today, although the problems have not been solved, we have incorporated cyber intelligence activities, which allow us to access open sources via the Internet, or to enter private networks. These actions can be used both for good and for evil, but we have to consider and know them to have a slightly clearer idea of what we are really dealing with today when we are talking about cybercrime and cyber espionage. The current cyberspace world in which we live shows us the disadvantages we have in obtaining this freedom and, therefore, reaching equilibrium with safety, but they are not opposite concepts.

Submitted: 3.10.16; Accepted: 12.12.16.