While the states’ existence as a country consisted of land and sea territory until the 19th century. After the 19th century, the sovereign states began to define and adopt the aerial domain. In the 20th century, the classical country elements of the states consisted of three shelves, namely the land territory, sea country and aerial domain. The struggle of the sovereign states to jealously protect and enlarge these country elements led to the destruction of two world wars in the recent past.
In this period, the states that could not see that “the future is in the skies” and could not dominate the aerial domain were easily invaded and exposed to heavy attacks. In the 21st century, the countries that adopted the sovereignty of the land, sea and air domains have come to recognize the “cyber territory” (“cyber domain” or “cyber shelf”) that have emerged as a result of the latest technological developments and have included their “cyber territories” in the country elements of their states, not neglecting to adopt them. In this way, the states’ cyber territories (cyber domains, cyber shelves) have overreached, in this virgin and virtual field, far beyond the land, sea and air shelves in geographical context. The states that run behind in this race have fallen far behind those of the others, and even their national incomes have fallen into a situation in which they cannot even come close to the cyber companies under the suzerainty of such states. Together with the “gold rush” psychology that was created by the states which were trying to develop their cyber territories (cyber domains, cyber shelves), the fact that the concept of “cyber territory” in our country and in the world has not been introduced consciously or unconsciously until now has resulted in that the activities in the cyber area of other elements constituting the state could not be organized as a whole. That the steps taken in Turkey to organize the cyber shelf are motivational, piecemeal and retarded and have day-saving purposes, and the structure of the handled legal arrangements which is aloof from integrity resulted in great waste of resources and setback in reaching a healthy cyber society which is a must in the 21st century, especially in the fight against activities detrimental to the society and public health and destructive of the state. In this respect, the Japanese put into effect the Law called “Society 5.0”, the geographically small Estonia has positioned itself as “E-Estonia” and has begun to give “E-Citizenship”. Countries such as the USA, the Russian Federation and China have set up the Cyber Armies to protect their cyber territories. Through technological developments, virtual currencies emerging in transnational cyber fields have begun to undermine the countries’ right to print banknotes, which is a symbol of sovereignty embodied in their central banks. In order to protect the rights of the future generations under the light of these developments and to eliminate the current mess, a general legal arrangement such as “Turkish Cyber Shelf Law” or “Turkish Cyber Law” should be made like the Turkish Civil Code in our country, and the military, legal and criminal essentials and boundaries of the cyber shelf of our country should be drawn up. “Cyber Cabotage Rights” of our country, in a matter of speaking, should be guaranteed. Depending on this law, legislation must be constituted such as Cyber National Defense, Cyber Security, Cyber Criminal, Cyber Administrative Procedure, Cyber Debts, Cyber Trade, Cyber Consumer, Cyber Health, Cyber Social Security, Cyber Tax, Cyber Capital Market etc. and all legislation issued up to this date and regulating Cyber field must be covered in this scope and be harmonized. The strategy to protect and develop our country’s Cyber Territory (Cyber Shelf) must be re-handled in
You can send us your opinions, criticisms and any relevant information, documents, photographs, etc. regarding this study via the share button on the right.