ABSTRACT
In my experience, only third-rate intelligence is sent to Legislatures to make laws, because the first-rate article will not leave important private interests to go unwatched …
Mark Twain (1835-1910)
The previous chapter considered the broad role of the law in the governance of computer misuse. It established that there is a role for legal harmonisation initiatives beyond the domestic criminal law in the control of computer misuse and that these prove to be a useful adjunct to national law as part of an overall governance network. However, such intergovernmental initiatives recognise themselves that they still do not provide a complete means of addressing the issues. Indeed many such initiatives come with recommendations or observations concerning extra-legal action as a complementary part of their response. This chapter will therefore broaden the discussion further from legal governance to explore potential extra-legal approaches. It will consider the emergence of networks of private sector regulation and the extent to which these private networks interact with the state.
