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56 Tex. Tech L. Rev. 627 (2023-2024)
Cybersecurity Private-Public Partnerships: A Bridge to Advance Global Cybersecurity

handle is hein.journals/text56 and id is 655 raw text is: CYBERSECURITY PRIVATE-PUBLIC PARTNERSHIPS: A BRIDGE TO ADVANCE GLOBAL CYBERSECURITY Ben Haklai* ABSTRACT Cybersecurity is a global challenge that requires effective collaboration and coordination among various stakeholders, such as governments, private sector, civil society, and academia. However, the current cybersecurity landscape is characterized by increasing complexity and dynamism, as well as growing asymmetry and uncertainty. Cyber threats are evolving rapidly and becoming more sophisticated, diverse, and disruptive, posing significant risks to national and international security, stability, and prosperity. Moreover, the cybersecurity ecosystem is undergoing major transformations, such as the emergence and dominance of cloud providers, the proliferation of cybercrime as a service (CaaS), and the escalation of cyber warfare. These trends create new opportunities and challenges for private-public partnerships in cybersecurity, which are essential for addressing the collective action problem and fostering cooperation and innovation in this domain. This Article explores the potential of private-public partnerships to advance global cybersecurity and provides several policy and regulatory recommendations to enhance and promote them. It first analyzes the current cybersecurity landscape and key trends that shape it, such as the rise of ransomware, supply-chain attacks, CaaS trends, nation-states taking center stage, and the increased use of cyber in warfare. It then examines the role and dominance of cloud providers in the cybersecurity ecosystem and the importance of private ordering in promoting cybersecurity cooperation and innovation. This Article argues that cloud providers have become critical infrastructure providers and de facto regulators in cybersecurity, which creates both benefits and challenges for private-public partnerships. This Article also highlights the need for more effective governance mechanisms * National Technology Officer, Microsoft; Practicing Advocate; Doctoral Law Candidate, Reichman University-Law Faculty. The Author would like to thank the Reichman University Law Faculty for supporting this project and to professor Lior Zemer, the Law Faculty Dean, for instructing me in my doctoral journey and for his valuable advice. This Article also benefited from presentation at Dusseldorf's Heinrich-Heine-University law faculty as part of a PhD delegation. All errors remain my own. This is not legal advice. 627

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