Cyber Personhood

摘要

In early 2020, the rapid adoption of remote working and communications tools by governments, companies, and individuals around the world increased dependency on cyber infrastructure for the normal functioning of States, businesses, and societies. For some, the urgent need to communicate whilst safeguarding human life took priority over ensuring that these communications tools were secure and resilient. But as these tools become firmly embedded in everyday life worldwide, the question arises whether they should be considered as critical infrastructure, or perhaps even something more important. In a number of States, the critical importance of the environment for preservation of human life has been recognised by extending legal personhood - and thus, legal rights - to environmental entities. Countries such as Colombia, Ecuador, New Zealand, and India have granted legal rights to various rivers, lakes, parks, and nature in general. This paper explores the future possibility and cases where States may consider granting legal rights to other non-sentient but critically important entities. Looking into a future where human life becomes increasingly dependent upon highly interdependent systems in cyberspace, is there a possibility that these systems are granted personhood? Remote work and its cybersecurity implications could lead to an entirely new recognition of the importance of cyberspace dependencies and, consequently, a newlegal treatment. Against the backdrop of extended debate on the legal regulation of cyberspace, including the law of armed conflict, this would raise even more complex legal considerations, especially in the light of cross-border dependencies and systems that affect multiple jurisdictions. By way of cyber biomimicry, this paper adopts a blue-sky conceptual approach to studying policy considerations and potential implications if highly interdependent cyber systems in the distant future are granted the same protections as elements of the environment.