2 minute read time.
The ISO standards are one of the strongest examples of facilitating people, process and technology to create governance models.  What is not seen in the ISO standards is the ability to actively promote the need to examine big-data for commercial use, innovation for competitive edge or influence of policy. These standards, just like most technology standards are not a Law, just a tool to aid in regulation. The concept of Cyber Law itself is still maturing.


When flight companies have major technology break downs, the Law of commerce enforces consumer protection. So what does the concept of Cyber Law enforce. To answer that, we need to understand what is Cyber? As an analogy, Tax comes about when a business transaction takes place, without a buyer and a seller, you cannot Tax. Similarly, Cyber comes about only when a perceived technical transaction takes place within your locus of control.


Whilst it may be tempting to take ISO risk and assurance concepts and badge them as Law, it is unlikely to be a successful method to weigh legal cyber disputes in the long term.  For example, for IoT devices, to have legal acceptance of Cyber Law is still too early, if the smart-pacer skips a beat going through an airport x ray machine that is malfunctioning , or, if a drone delivering medical supplies malfunctions - who is liable ? Listen to BBC Radio 4 review on the topic of " What can and can't you write in an online review? " on the link below. 


For new technologies, there is simply not enough precedence to create arguments for Cyber Law. Instead, focusing on common law concepts such as, The Computer Misuse Act of 1990 to see how its precedence’s to date can relate to the world of Cloud, IOT and Personal Computing, or perhaps, how the current wave of Cyber Insurance claims can help contribute to Cyber Law. The sports industry is only now being to use electronic line referees after many years of research, development and systematic reviews to incorporate the judging system into a tennis match, similarly driverless cars have the luxury of taking precedence from motor industry history.


Cyber Law is not a big-data exercise where AI can provide the perceived judgment of human justifications. It might instead limit or discourage technology innovation, so whilst there is an increase in academia on Cyber Law which is valid, the ability to say Cyber Law outside of academia is conclusive is perhaps a little immature currently. With the emergence of cyber activities across all locus of controls, the perception of effecting a Cyber Law and its applicability to substantive law should be developed to not create a glass ceiling on technology innovation.


Listen to the BBC Radio 4 review on " What can and can't you write in an online review? " here