This is an important issue given how frequently cyberattacks now cross international borders and how difficult it can be for any single government to address such threats alone.
In this comprehensive article, I will outline 10 key challenges regulators face and discuss them in detail with examples. By understanding these challenges better, we can think of solutions to help regulators protect people from harmful cyberattacks worldwide. Let’s get started!
I. Jurisdictional Issues
One of the largest challenges regulators face is determining which country has jurisdiction over a cyberattack when the perpetrators and victims may be located in different countries. Cyberattacks often involve computers and networks spread across multiple nations, making it unclear which country should take the lead role in investigating and responding. This allows attackers to potentially exploit jurisdictional gaps or conflicts between countries that slow coordinated responses.
II. Attribution Difficulties
Closely related is the difficulty of accurately attributing a cyberattack to a particular group or state due to how technically sophisticated attackers hide their tracks. Cyberattacks can be routed through networks in various countries, spoofed to appear as though they originated elsewhere, and use tools that make determining the initial compromise challenging.
Without being able to reliably attribute an attack, it is much harder for regulators to take appropriate enforcement actions or issue warnings to the public about emerging threats.
III. Differing Legal Systems
The legal systems and laws governing cybersecurity and digital crimes vary widely between countries, which challenges international cooperation. What is considered a serious crime requiring prosecution in one country may only be seen as a minor offense elsewhere.
Differing privacy and surveillance laws can also conflict and obstruct timely sharing of cyber threat intelligence. These legal discrepancies present obstacles for regulators seeking uniform policies and standards across borders.
IV. Disparity in Technical Capabilities
Most developed nations have extensive cyber regulatory agencies and computer incident response teams, but many smaller countries still lack these capabilities entirely or have only basic technical resources for incident handling and forensic investigations.
When cyberattacks involve technically advanced adversaries exploiting less developed networks, it is difficult for under-resourced regulators to effectively monitor, attribute, or respond to the threats. This capability gap must be addressed to strengthen global cybersecurity cooperation.
V. Competing National Priorities
While international collaboration is important, individual countries still prioritize their own national security, economic competitiveness, and domestic politics over the interests of other nations at times. There are often geopolitical tensions or trade disputes that complicate cooperation between regulators when a cyberattack touches on sensitive geopolitical issues or state secrets.
Nationalistic tendencies can hinder timely intelligence sharing that might benefit global security but risks domestic embarrassment or compromise of sources and methods.
VI. Rapid Pace of Technology Change
The constantly evolving nature of information technologies, new attack techniques, and emerging cyber threats challenges regulators to keep pace and develop policies that remain relevant. By the time new laws and regulations are drafted and approved and agencies are resourced and trained to address emerging issues, technologies have usually changed in ways requiring further updates. This lag makes it difficult for regulations to stay ahead of or even keep up with the most serious present-day threats facing both public and private networks.
VII. Transnational Criminal Networks
Some cybercriminal groups operate like transnational organizations with members spread across multiple safe havens where they are difficult to apprehend or prosecute. Just as with drug cartels or human trafficking rings, taking down borderless cybercrime networks involves complex, long-term international investigations that challenge individual regulator agencies to coordinate effectively. The shadowy, leaderless nature of some advanced persistent threat groups adds further complications.
VIII. Public-Private Cooperation Hurdles
While collaboration between public regulators and private sector companies is critical, tensions and obstacles do exist. Companies have business priorities like protecting proprietary data, customers, and brands that do not always align with timely threat information sharing expected by governments.
Privacy laws may also limit what data businesses can disclose, and some firms are more security-focused than others. Overcoming these cooperation barriers takes ongoing engagement to build long-term trust on both sides.
IX. Insider Threats
A particularly vexing challenge is that some sophisticated cyberattacks originate from compromised insiders working within the very companies and governments tasked with defending against external threats.
Well-placed moles, bribed employees, or ideological spies can circumvent even robust external security controls and surveillance. Detecting and countering insider threats preemptively before damage occurs requires carefully balanced monitoring and investigative policies.
X. Rapidly Evolving Tactics
Just as cybercriminals and nation-state hackers evolve their tools and techniques, so too must regulations, but at a slower government pace. New hacking methods like supply chain compromises and zero-day exploits threaten systems in unforeseen ways before protections can be put in place.
Responding effectively requires regulators to both anticipate future attack trends and maintain an adaptive, risk-based approach not tied to specific technologies or tactics that become outdated. This foresight and flexibility presents an ongoing challenge.
FAQs:
1. What is being done to help less developed countries strengthen their cyber capabilities?
Organizations like the UN, EU, and private firms provide training and resources to build incident response teams, improve legal frameworks, and foster public-private partnerships in nations lacking cyber expertise. International cooperation aims to narrow global disparities over time.
2. How can differing legal systems be better harmonized?
Groups like the OECD and Council of Europe draft model laws and guidelines to encourage consistency where possible on issues like digital privacy, cybercrime definitions, and law enforcement access to data across borders. Over 150 nations have also joined the Budapest Convention on Cybercrime to facilitate investigations and prosecutions.
3. What new policies are addressing transnational criminal organizations online?
International task forces now target major cybercrime forums, DDoS-for-hire services, and cryptocurrency money laundering networks at both national and INTERPOL levels. Regulations also curb online marketplaces for stolen data and hacking tools. Joint operations have successfully dismantled several major cybercriminal syndicates in recent years.
4. How is the public-private relationship evolving?
Formal information sharing initiatives, privacy-protecting data formats, and open communication channels continue strengthening cooperation between cyber agencies and critical infrastructure firms. Joint cyber exercises also help align priorities and build long-term cooperation plans between key public and private partners on both national and international levels.
5. What new challenges may arise in the future?
Issues like attacks using weaponized IoT devices, compromises of AI systems, deepfakes spreading disinformation, ransomware targeting critical infrastructure and supply chains, and cyber conflicts spilling into physical domains will require innovative solutions and global cooperation not seen before. Continuous adaptation will be needed.