The cyber environment should not enjoy any enhanced protections over what persons should rightfully expect in the traditional physical world. Therefore, privacy issues involving the cyber border should be of no greater concern than in a traditional border situation.
Since the focus of cyber border enforcement is on merchandise legal and illegal, entering or exiting via the cyber border , private or privileged communications are already protected from inspection the same as in non-border situations.
Granted, the cyber world does present some issues which may not have a corollary in the non-cyber world, but just as the evolved view of the traditional border must be adapted, so must the interpretation of border authorities so they may evolve to address the uniqueness of the cyber environment. The importance of defending the nation against cyber threats is critical to national and homeland security.
The magnitude of current and emerging cyber threats is equal to and may in actuality surpass traditional threats. The asymmetrical nature of cyber provides to minor nation-state enemies and even lone wolf actors the ability to inflict great harm to a great military power like the United States. Criminals do and will continue to exploit cyber to their advantage rendering many aspects of traditional crime prevention ineffective or obsolete.
Stopping and preventing foreign threats at the border has been and always will be a key element in protecting the nation and its people. Adapting and evolving our definition of the border to define a national cyber border will help deny this pathway for foreign threats into our country. Phillip Osborn , Supervisory Special Agent ret.
Government as a subject matter expert on cyber related topics to numerous national and international organizations. Some of his work dating from the early s provided the foundation and motivation for the establishment of U. For over 7 years he served as the U. One particular initiative he championed was in the area of the convergence of traditional border security with the cyber domain. Osborn earned his graduate degree in homeland security studies from the Naval Postgraduate School, and has completed other graduate work in information security and in global strategic intelligence studies.
He may be reached at iamoz comcast. Homeland Security Affairs is an academic journal available free of charge to individuals and institutions. Because the purpose of this publication is the widest possible dissemination of knowledge, copies of this journal and the articles contained herein may be printed or downloaded and redistributed for personal, research or educational purposes free of charge and without permission.
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The copyright of all articles published in Homeland Security Affairs rests with the author s of the article. This article was brilliantly written and encouraged thoughts relating to cyber border and how it can be defined.
I really enjoyed this issue and was very impressed! Well done Mr. It is very difficult to see how the concept of the FEB can work in the cyber world. POEs are staffed by the full range of customs, border patrol, agriculture, local law enforcement, and other agents or officers with the authority to enforce certain laws.
In essence, the messages may be viewed without the data being transmitted in a way that would be similar to crossing border. Consider for comparison purposes a US resident sitting at home in Michigan, who views a television signal broadcast from Canada using just a set-top digital antenna.
Thank you for your comments. The FEB concept however is not dependent on it being an official POE for example; Imagine a plane arriving from a foreign location and landing at some other airport that is not a designated POE. This would include anywhere the plane lands…highways or dirt strips, etc. This is the same concept for vessels arriving from foreign ports being subject to border search where they land or enter the territorial seas, or even vehicles crossing the border in remote areas far from any manned POE.
I am glad that you agree that we must re-think the concept of border as applied to cyber which I believe will have to be even more fluid, flexible, and pliable as our traditional physical border.
I am glad you have joined the debate. Skip to content. Suggested Citation Osborn, Phillip. The Convergence of Cyber and Border What is border security and why is it so important?
Borders in Cyberspace An oft-repeated line is that in cyberspace there are no borders. Disruptive Technologies and Border Security The advent of air travel could arguably be judged as equal to or exceeding the Internet in the disruptive impact it has had on the world.
Defining the Cyber Border Many current legal rulings and decisions regarding the Internet and Cyberspace are based on the interpretation of existing laws that govern conventional non-cyber circumstances. Traditional Borders The concept of traditional border— land, sea, or air—is relatively easy to grasp. Functional Equivalents of the Border The concept of the Functional Equivalent of the Border FEB is critical to border security because it allows the legal imposition of regulatory requirements search, inspection, and seizure away from the physical borders.
The Cyber Border The simplest method to define the cyber border is to apply the land border concept. Figure 1. Example of direct delivery of merchandise from a foreign entity The illicit web site in the example above could be providing information on the merchandise for sale, how to place an order, how to pay for the merchandise, and the options to arrange delivery.
Example of direct delivery of merchandise from a foreign entity with multiple FEBs Figure 3. Another example of direct delivery of merchandise from a foreign entity with multiple FEBs Critical to the understanding of how the FEB concept applies to defining the cyber border is an understanding of border enforcement authorities and how they work to protect the nation from border threats, while also addressing important constitutional and privacy concerns.
Border Search Authorities and Their Application to the Cyber Border One of the most important border protection tools is the border search authority. Legal Merchandise versus Prohibited Merchandise The Internet border search issue goes well beyond just the concern of illegal imports and contraband, but also to the much wider subject of general merchandise being imported via or assisted by the Internet. Merchandise versus Communications Current border search authority allows authorized officials to search for imported or exported merchandise including documents, at the border or its functional equivalent.
Privacy Issues and Concerns The cyber environment should not enjoy any enhanced protections over what persons should rightfully expect in the traditional physical world. Conclusion The importance of defending the nation against cyber threats is critical to national and homeland security.
About the Author Mr. Views: 11, November at pm Reply. For example, the U. There is an interesting bureaucratic philosophical difference between information policy in the United States and in Europe see Figure The U. Geological Survey is to create information, then that information should be made available to the users, who are taxpayers and contributed to the cost of generating the information in the first place, to do with as they will.
The users in turn will generate jobs, income, new business, and new industry using the information. Office of Management and Budget Circular. Circular No. This differs from the European concept of public-sector information. In Europe the funding structure is different from that of the United States. Often agencies charge users for use of their data and information.
This trend is also known as cost recovery. Government commercialization should not be confused with privatization, where functions that are not inherently governmental e. When thinking about the economics of information, it is important to remember that information is not a normal good in the economic sense.
Basic laws of supply and demand work differently in the information world. Information is nonrival and nonexclusive; that is, information is a public good. While information has high initial fixed costs of generation or collection, it has generally low reproduction costs. Only in the last couple of years has the economic community started to study these very issues. It should be noted that the economies of the European Union and the United States, for the sake of this discussion, are approximately the same size in terms of gross domestic product.
The United States spends approximately twice as much of taxpayer dollars on the development of public sector government-funded information as the European Union. The return on that investment, in terms of commercial growth, job growth, and taxes paid to the treasury per dollar, is approximately five times larger in the United States than in Europe.
Why is that? My hypothesis is that the United States actively encourages the dissemination and use of that information in commerce, academia, and the media, while in Europe they do not. PIRA International. They also noted that the fledgling E. As previously mentioned, one-third of the U. For example, an energy firm selling natural gas makes more money during a cold winter; during a warm winter they make less.
A beach resort in Florida makes more money when the weather is warm and sunny; if it is cold and rainy, they make less. A ski resort in the mountains makes more money when it is clear, cold, and snowy; when it is overcast without snow, the ski resort makes less. In the United States someone interested in hedging their weather risk can purchase financial instruments from various companies.
The United States has a booming weather risk management industry compared with the smaller weather risk management industry in Europe, much of which is in the Netherlands. The Netherlands has adopted an open data policy for its meteorological information, both present observations and their historical data, but France, Germany, and Great Britain have not.
As such, not only is there an economic disparity between the United States and Europe but there also exists an economic disparity within Europe based on data and information policies.
This is another border in cyberspace. In the August issue of the German popular geography and natural history magazine Geo , there is an article that discusses information policy. Geo claims that the commercial meteorology industry in the United States is 10 times the size of the counterpart industry in the European Union due to differing data policies regarding information as an economic driver. A researcher in Great Britain who was developing a major international global database on weather and climate approached the U.
National Climatic Data Center for all the U. The researcher made the same request of the German Weather Service, which quoted him 1. Because the researcher could not afford the data, he did not buy them.
The German Weather Service did not sell the data, and thus did not make any money. The problem lies in the bureaucratic tendency to use government assets to attempt to raise money but without the incentive structure of true private-sector firms.
Government commercialization is extremely tempting to bureaucrats, particularly to officials in national treasuries. Add to Cart Buying Options. Request Permissions Exam copy. Overview Author s Praise.
Summary Today millions of technologically empowered individuals are able to participate freely in international transactions and enterprises, social and economic. Share Share Share email. Charles Nesson.
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