On the normative equivalence paradigm in cyberspace

Abstract

Constant evolution of communication technology and expansion of Cyberspace has had a pervasive effect on all areas of human life, activities and interactions, that law unsuccessfully tried to regulate. Cyberspace was for a long period of time considered uncharted territory, an unlimited and open space outside the control of States and the limits on the admissible or accepted conduct of states and other stakeholders were blurred. In this context, the most important challenge and pressing need is to identify normative guidelines applicable in this environment considering its specific features (being unlimited, world-wide availability, anonymity). The aim of the paper is to challenge the elements of the so-called normative equivalence that was developed by several international bodies first in relation with human rights safeguards and extended as generally applicable with some special approaches at the level of the European Union (protection of personal data, strategy on cybersecurity) which will not be addressed.