Conceptual Discrepancies in Russian and Western Approaches to the International Regulation of Cyber [Information] Space

By Liliya Khasanova, Visiting Scholar at the Fletcher Russia and Eurasia Program

Abstract

It is evident that at least several contradictory approaches have emerged from more than two decades of ongoing international negotiations aimed at regulating the domain that was created by information and communication technologies (ICTs). One notable aspect that has been overlooked is the difference in the language used by Russia and the Western countries, with Russia referring to ‘information space’ and Western countries using the term ‘cyberspace’. This paper aims to empirically examine this persistent use of different terms related to the ICT space and to reveal the increasingly contradictory realities that Russia and Western countries are seeking to regulate. I analyse international cyber governance documents and normative proposals from States, national legislation in Russia and the Western States, and place them in the historical context of ICT development in these regions to identify the key areas of conceptual discrepancies. I also describe the divergent perceptions of the regulatory space and the contrasting perceptions of the role of private actors in cyber governance. Building on these insights, I argue that there is a conceptual misalignment between Russian and Western approaches in terms of the legal object of regulation and its scope, as well as in the governance models applied in the ICT domain. These differing conceptions eventually contribute to conflicting institutional and normative approaches to international law.

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(This post is republished from Brill.)