data and information under the control of its government, to be used for ICT activities
that undermine national security or interests of other States.
·Protection. All States have the obligation to protect lawful rights and interests of
relevant entities within their jurisdiction. They also have the obligation to promote
openness and freedom of cyberspace while ensuring order, security and development.
III. The Legal Status of Sovereignty in Cyberspace under International Law
State sovereignty in cyberspace is a legally binding principle under international law. If a
State infringes on the internal supremacy and external independence that another State
enjoys on the basis of its national sovereignty over ICT-related infrastructure, entities and
activities as well as relevant data and information within its territory, it is a violation of
the principle of sovereignty, which will constitute a wrongful act under international law.
The acts may include, among others, unauthorized penetration into the network systems
in the territory or within the jurisdiction of another State, causing disruption or damage of
relevant infrastructure or undermining a State’s exclusive sovereign rights in cyberspace.
An ICT activity may simultaneously violate the principles of sovereignty,
non-intervention in internal affairs and the prohibition of the use of force. The application
of this principle to a specific set of circumstances may require certain contextualization.
Fundamental Principles in the application of Sovereignty in Cyberspace
I. Equality
Sovereign equality as set forth in the UN Charter is the primary principle that all States
should follow in the exercise of their sovereignty in cyberspace. All States, regardless of
size, wealth, or strength, are equal before the law and have the right to participate on an
equal footing in international cyber affairs. Each State should be treated equally, and each
State is also obligated to treat others as equals.
II. Fairness
All States should uphold the principles of fairness and justice in cyberspace and facilitate
a just and equitable global Internet governance system that reflects the wishes and
interests of the majority of countries, protects the legitimate rights and interests of
developing countries. States should not abuse their superiority in facility, technology,
system and data in the cyber domain to interfere in other States' exercise of sovereignty in
cyberspace or promote unjust acts such as cyber hegemony or isolation.
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