SECURING HUMAN RIGHTS IN CYBERSPACE: IN THE LIGHT OF THE CYBERIZATION OF OWNERSHIP, TRADE, AND ECONOMIC RIGHTS

Abstract

This research adopts the black letter methodology in assessing the exercise of, and protection of human rights in cyberspace. The exercise of rights in cyberspace is a consequence of the cyberization process spearheaded by the Fourth Industrial Revolution. Consequently, the adoption of various aspects of reality, into digitalized formats, has not only created another dimension for transacting, executing rights, and performing economic, political and social functions; it has correlatively created a new epicenter for criminal acts and abusive practices. On that account, the State’s responsibility to protect, now possesses a cyber-dimension that is jurisprudentially embodied in cyber laws and cyber security regulations. Thus, this research adopts a five-paradigm approach for assessing security concerns as well as the exercise of rights in cyberspace. Hence, emphasis is placed on the protection of ownership and exclusive rights; ensuring the legality of activities executed on cyber platforms as well as the proscription of criminality; the legitimacy of administrative activities executed on the internet; ensuring the functionality of cyber platforms; and right to access in cyberspace. Reference is also made to the economic dimension of cyber-security. Thereby urging States to take unilateral and multilateral steps
towards guaranteeing human rights in cyberspace. This research also emphasizes on the imperativeness of ensuring that cyber laws and regulatory strategies adopted by governments are pragmatic and advanced enough, to cope with, or to tackle the challenges, complexity, efficiency, progress and accelerated development of cyber-technology.