Elaboración de un proyecto de Ley de Defensa Cibernética, basado en la política de defensa nacional

Abstract

This research seeks to create the documentation of a Bill and the necessary guidelines for its presentation facing the corresponding entity, which allows to guide lawyers and students in proposals for reforms in national legislation or future related projects. The general objective is designed a Bill of Cybernetics Defense; for doing this, it is proposed that its legal basis is framed into the National Defense Policy to establish a regulatory framework to support the sovereignty of Ecuador state in cyberspace. Through this investigation, the legal foundation has been established to guarantee the legitimacy of military operations in cyberspace and the technical concepts that support and endorse the purpose of the Bill elaboration. In addition, the necessary legal foundation has been established to guarantee the legitimacy of military operations in cyberspace and the technical concepts that support and endorse the purpose of preparing the Project. Furthermore, in this investigation the Legislative Technique Manual have been applied which establishes rules and useful guidelines for the drafting of the Bill, allowing to obtain a normative instrument of easy interpretation with the quality required. The Cyber Defense Law Project will establish the national regulatory framework that empowers defense organizations to safeguard the country's sovereignty in cyberspace and its national security. The same that is subsumed from the articles of: the Ecuador Constitution, The Charter of the United Nations, and International treaties.