Public–Private Collaboration: Cybercrime, Cybersecurity and National Security

Abstract

This chapter analyses theoretical and practical implications of different forms of self- and co-regulation in the field of cybersecurity. In the past decade, the approaches to cybersecurity and critical information infrastructure protection have been based on the notion of the necessity for public–private collaboration, multifaceted strategies and recognition of the significant role that industry plays in securing the information networks. However, with the raise of cybersecurity on the top of the policy agenda, many governments and academics are concerned with the possible failure of the private sector in delivering acceptable level of security in the information networks without governmental intervention. This shift of the concept has lead to the proposals to legislate cybersecurity in the form of mandatory reporting of security incidents and obligations to share information, security standards and compliance procedures. One of such proposals is currently being discussed as EU NIS directive. These developments raise many concerns about shifting the balance in cybersecurity from bottom-up voluntary approaches and collaboration to a heavier regulation. This chapter argues that this turn can have negative consequences and that the best way to provide cybersecurity is the evolvement of the existing channels for collaboration and building trust between industry and governments.