Blog and Research – Sovereignty, Jurisdiction in Cyberspace

sovereignty

In addition to AstraIA Gear, during the period of 2021-2023, I conducted a few research projects, which brought great joy to me. It has been a tremendous honour to learn and receive many constructive and informative comments from peer-reviews (chi Vy Ngo, et alia), my professors (Pr. Tran T. Thuy Duong, Dr. L. Marguet, Pr. F. Madelaine, Pr. B. K. McGarry, et alia), tutors (Dr. L. T. L. Bui, et alia), and fellows (I. Kadraoui).

My last research of 2023, “International Law Protection in Cyberspace Against Ransomware and Experience of Vietnam” outlines the application of sovereignty, an indispensable international law principle in cyberspace, particularly in the context of ransomware targeting private actors by the non-State hackers and the landscape of legal framework of cybersecurity in Vietnam.  

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Research Paper

On November 13 th 2023, Google filed a case before the United States District Court for the Northern District of California against unknown scammers located in Vietnam and India. These hackers allegedly used false ads on Facebook to download artificial intelligence chatbot Bard. In fact, Bard is a free-access platform of Google without any requirement of download. The scams target small-business owners to steal their control over their business social media accounts by using the malware spread over their devices via the click to linked ads.

In this case, Google attempted to block this alleged scheme under the Californian jurisdiction. It is not uncommon in Vietnam that hackers embezzle the business’ social network credentials to extort their owners as well as in the US. The Google LLC. v. Does 1-3 case is worth noting because it is unclear how Google can execute the injunction and enforce the US District Court’s decision in Vietnam if the US District Court agrees with their requests.”

Google established the legal grounds on Intellectual Property protection, perhaps because no ransom has been officially and publicly reported. However, it “[This case] is a concrete example of ransomware of which the victims and unknown hackers are non-State actors located in different countries. It requires the intervention of a legal framework established amongst these countries”.

Google LLC v. Does 1-3 (2023), U.S. District Court for the Northern District of California, Case No: 5:23-cv-05823.

The paper analysed the fundamental international law principle – sovereignty, which may apply in the case where the ransomware attacks the individuals and private entities across many countries, and the challenges of regulating the transborder ransomware from legal and practical perspectives, particularly in defining the jurisdiction.

Furthermore, it provides a glance about the Vietnamese government’s effort to enlist regional and international cooperation in respect of the application of international law principle, and adopt them in its current legal framework of cybersecurity, personal data protection. For more details, you may find the full-text of this article, here

For 2024

Journalism and diplomacy are the most prestigious professions in my wish list. After over a decade dedicated to legal work, I found another way around to continue pursuing my passion while maintaining my independent, neutral perspectives. They require serious financial and technical investment which helps this blog be safe and open-accessed. It is certain that AG is still in need of a lot of improvement to strike up conversations on varied technology, policy and legal topics. From the bottom of my heart, I truly appreciate all of your readings, visits, thank you. I hope to see you more in 2024.

Cheers! 

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