Security and Defence: Ethical and Legal Challenges in the Face of Current Conflicts (Advanced Sciences and Technologies for Security Applications)

This book aspires to face the challenge of analyzing with due academic rigor, always in the paradigm of security and advanced sciences, but without forgetting the ethical questions that our world raises every day. The work is divided into two main sections: the first section is focused on the cyber world, with not only technical but also legal derivations given the expansion of vulnerabilities and our technological dependence. The second section, with a more interdisciplinary nature, runs through undeniably topical issues such as territorial problems and the potential decline of the traditional States, the communicational impact of information management and false news, or the commitment to essential freedoms for the West. This book connects advanced technologies and ethical issues and includes discussions on recent crises such as COVID-19. It also provides an interdisciplinary view on the ethical issues for security technologies. Foreword: Rule of Law. Looking for a Warrior Ethos 6 Introduction 13 Contents 16 Sciences and Technologies; Cyberworld Conflicts 18 Outer Space’s Legal Framework, Challenges, and Policies 19 1 Foreword 20 2 Legal Frameworks of Activities in Outer Space 21 3 UN Space Agencies 23 4 Space Exploration and Private Industry 24 4.1 NASA Space Exploration 25 4.2 Private Industry in Space 26 5 Challenges of Privatization 27 6 Defense, Militarization and Space 29 7 The Atlantic Alliance’s Approach to Space. A New NATO’s Space Doctrine? 30 8 The European Union and Outer Space; The European Union Space Program 33 9 Final Remarks 36 References 37 A New Arms Race in Space? Options for Arms Control in Outer Space 39 1 Introduction 39 2 Legacy of the Cold War: Dual-Use, Restraint and Space Debris 40 2.1 What Are Space Weapons? 41 2.2 Military Use in Outer Space 42 3 New Anti-satellite Tests: Counterspace, Electronic Warfare and Missile Defence 43 4 Threats and Space Doctrines: New Fighting Domains 45 5 International Rules and Arms Control in the “Interest of All States”? 47 References 51 Cyberspace, Artificial Intelligence, and the Domain of War. Ethical Challenges and the Guidelines Proposed by the Latin American Development Bank 53 1 Introduction 54 2 Wars Across the Time 56 3 Cyber Security 58 4 Actors of Cyberspace 60 5 Strengthening Security Through the Ethical Use of Data 62 6 Implementation 63 7 The Case of Colombia 64 8 First Guideline—Implementation 65 9 Second Guideline—Data Governance 68 10 Third Guideline—Human Resource 69 11 Conclusions 69 References 70 Cybersecurity in the Second Decade of the Twenty-First Century 72 1 Introduction 72 2 A Few Words About Cybersecurity 73 3 The Second Decade of the Twenty-First Century 76 4 Study Cases 77 4.1 Stuxnet 77 4.2 Wikileaks 78 4.3 Anonymous 79 4.4 Sony Pictures 79 4.5 Black Energy 80 4.6 Russiagate 80 4.7 Equifax 2017 81 4.8 Wannacry-NotPetya 2017 81 4.9 Cambridge Analytica 82 4.10 Solar Winds 82 5 Conclusions 83 References 85 Cybercompliance: A Legal but also Ethical Concept that Allows to Reduce the Current High Risks of Corporations 88 1 Introduction. Cybercrime: A Brief Historical Review 88 2 Modus Operandi and Trend Evolution in Cybercrime 90 3 Cyber Objectives and Regulations 91 3.1 Cyber Objectives 91 3.2 Regulations 91 4 Sequence of Conclusions 93 4.1 Regulations, Too Many or Not Enough? Problems 93 4.2 Internal Policies and Rules 93 4.3 Cybercompliance. Legal Entity Liability. An Analysis Focused on Compliance in Cyberspace 94 References 95 Criminal Law and the Risks Posed by Internet. An Examination of Spanish Criminal Law 96 1 The Background 97 2 The Response of Criminal Law 98 2.1 The Advancement of Punitive Barriers: The Application of the Concept of Crimes of Abstract Danger 98 2.2 The Reformulation of Certain Criminal Concepts 99 2.3 The Creation of New Offences 100 3 Transborder Issues; the Difficulties of Prosecution 100 3.1 The Harmonisation of Legal Provisions 101 3.2 Procedural Instruments 104 3.3 Areas of Competence and International Cooperation Between Police and Legal Systems 105 4 Conclusions 105 References 106 Human Rights, Big Data and Artificial Intelligence: Elements of a Complex Algorithm 108 1 Consequences of the Big Data and Artificial Intelligence in the Digital Society 108 2 Human and Fundamental Digital Rights, Getting the Future Right 111 3 Discussion 114 References 115 The Challenge of Disinformation for National Security 118 1 Introduction 118 2 Disinformation in the Post-truth Era 119 3 The Perpetrators: Disinformation Actors 121 4 Disinformation Strategic Goals 124 5 The Strategic Logic of Disinformation in International Relations 126 6 How to Fight Disinformation Campaigns in Democratic Societies 128 7 Conclusion 129 References 130 Ethics and Law Facing Other Current Conflicts 135 Ethical Behaviour and Social Responsability from the Perspective of Modern Psychology 136 1 Past Ideas—Social Psychology Experiments 137 1.1 Asch Conformity Experiment 137 1.2 Milgram Experiment 138 1.3 Stanford Prison Experiment 139 1.4 Summary—Hope for a Better World 139 2 Times of Doubt 140 2.1 XX Century—Process of Changing Values of Social Responsibility 141 3 What Happened at the Beginning of 21st Century? 142 3.1 Between Biological Determination and Individualistic Freedom 142 3.2 Return to Humanism and Individualistic Development - Positive Psychology Framework 143 4 What Can We Expect in the Future? 145 4.1 What Are We Left with? 145 5 Conclusions 146 References 148 Conflict and Territory: A Legal and Metalegal Approach. The Case of Spain 151 1 Introduction and Context 151 1.1 Forms of Government and State 151 1.2 The Genesis Towards the Modern State from a Continental Point of View 153 1.3 The Common Good as Justification of the State 156 2 Why Do Societies Increasingly Delegate More Powers to Peripheral Entities? 159 2.1 On the Way to Organize Power and the State 159 2.2 The Social Constructivism Typical of Current Constitutions 161 2.3 Centrifugal Territorial Distribution of Power in the Current Political Architecture 162 2.4 Personalism and Law 163 3 The Crisis of the State? 164 4 The Spanish Case 166 5 Conclusions and Learned Lessons 168 References 169 Ethical Considerations in the Area of Operations. The Use of Unmanned Military Systems and the Introduction of Artificial Intelligence on the Battlefield 170 1 Introduction 170 2 What Is an Autonomous System? 171 3 Risk Versus Effectiveness 172 4 The Legal Dimension 175 5 Offensive Versus Defensive 175 6 Heuristic Versus Self-learning 176 7 Conclusions 178 References 181 Challenges Facing the Response to the Covid 19 Pandemic. Individual Versus Global Responses. Ethical Issues 182 1 Introduction 183 2 The Public Response to the Pandemic 184 3 Different Responses to the Pandemic: China, Italy and Spain, and USA 191 3.1 China 192 3.2 Italy and Spain 194 3.3 USA 197 4 Ethical Issues Regarding the Pandemic 200 5 Conclusions 202 References 203 Axiological, Economic and Legal Challenges for the Functioning of the Energy Union in the Context of Energy Security of the European Union 206 1 Introduction 206 2 The Evolution of the Concept of Energy Security Within the European Union—A Literature Overview 208 3 The Change of the Perception of the Issue of Energy Security in the EU 210 4 The Concept of the Energy Union of the EU Member States 212 5 The execution of the Project of Energy Union—Main Challenges 215 6 Conclusions 216 References 218 Freedom of Speech in Times of Crisis: The Case of Spain During the COVID-19 Pandemic 220 1 Introduction 220 2 Freedom of Speech in International Law 221 2.1 Freedom of Speech and the Right to Access Information 223 2.2 Derogation from the Right to Free Speech 225 3 Violations in Spain 226 3.1 Physical Attack on Journalists 227 3.2 Lack of Transparency and Hurdles in Accessing Information 227 3.3 The Use of Penal Law to Combat Disinformation 229 4 Structural Issues 231 4.1 Freedom to Access Information not a Fundamental Right 231 4.2 Excessive Limitations on Political Criticism 232 5 Conclusions 236 References 237 Media Securitization in the Migration Crisis in Spain 2020–2021: The Case of Canary Islands and Ceuta 240 1 Introduction: Migration as a Media Securitization Issue 240 2 The Migration-Security Nexus. A Theoretical Debate Without Empirical Evidence 241 3 Method and Research Design 243 4 Findings 245 5 Discussion and Conclusion 248 References 249 Index 251