Imposing and Evading Cyber Borders: The Sovereignty Dilemma

The world’s perception of cyberspace has evolved from the libertarian promises of the 1990s to the current situation, where nation-states seek to reestablish their sovereignty. This paper explores the history of our conceptions of cyberspace, from the enthusiastic utopias culminating in the so-called “declaration of independence of cyberspace” to the technological underpinnings and the legislative steps being taken by today’s governments to assert more control. It will address efforts in the West and East to resolve diverse, multi-faceted, and ongoing challenges that range from supporting open cyberspace to being able to heavily monitor

the threat activities and the various state and non-state actors operating in cyberspace. The paper will highlight the technical and regulatory difficulties in establishing borders in cyberspace, as well as the corresponding policy consequences, and reveal how actors are evading borders by using various techniques such as cryptography and data havens, to name a few. The main takeaway is that the balkanization of cyberspace is not only a reality, but also a course that may be too difficult to reverse, and raises the question of how do open societies balance sovereignty with individual freedoms in cyberspace? A proposal is offered, drawing from examples in which the sovereignty of nation-states is limited and in which borders are not a factor, such as the international body of law regulating global commons.