Sovereignty in cyberspace: Balkanization or democratization

Inherently linked to States' sovereignty and its relationship with third-party stakeholders, the governance of cyberspace has become a subject of great debate and controversies. One of the most prominent of them -the dominance of the United States as an hegemon- has raised concerns and triggered diverging reactions within the international community. Looking at recent events such as the invalidation of the Safe Harbor Agreement through the lenses of the balance of power, we found that the reassertion of States in cyberspace is dependent on the political significance given to cyberspace as both a transnational realm and an American-dominated space. If most States have adopted a balancing policy vis-à-vis the US by means of either critical cooperation (EU, France) or what could be described as a form of containment (Russia, China), some others pursue free-riding policies (Ireland, Luxembourg), causing regional struggles. We suggest that, given this fragmentation of the Web, regulation of cyberspace would be best served through a multilateral mode of governance which could enhance collective security.

I. Introduction

The last semester of 2015 saw several attempts from States to tighten their control over the digital domain. The Russian Duma passed a bill in September mandating Internet Service Providers (ISPs) to locate servers hosting data from Russian citizens in Russia, thus protecting these data from what was perceived as an intrusive global surveillance by the NSA (and allowing the FSB to spy on Russian dissenters). The following month, the European Court of Justice struck down the Safe Harbor Agreement which until then permitted US companies to transfer data from European users outside the European Union. Despite their similarities in terms not only of sovereignty but also of mistrust vis arthur.laudrain@kel.ac.uk). vis the United States, these two events reveal the deeply rooted ambiguities of cyberspace. However, their implications for international security and cooperation between States are far from similar.