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In the spirit of this norm, and as mentioned above, France has criminalized, in
article 323-1 of the Criminal Code, unauthorized intrusions into the automated data
processing systems of third parties.
France has also clearly established, in the public elements of its doctrine,
including its 2019 white paper on international law applied to operations in
cyberspace, that international humanitarian law applies fully to cyberoperations
conducted in the context of and in connection with armed conflict, as will be
discussed in greater detail below in relation to international law.
Norm (g): States should take appropriate measures to protect their critical
infrastructure from ICT threats, taking into account General Assembly
resolution 58/199 on the creation of a global culture of cybersecurity and the
protection of critical information infrastructures, and other relevant resolutions.
France has, as stated above, developed a regulatory framework to protect critical
infrastructure by requiring operators of vital importance to strengthen the security of
the critical information systems that they operate, known as information systems of
vital importance (Act No. 2013-1168 of 18 December 2013), and by strengthening
the competences and capacity to detect incidents of the National Cybersecurity
Agency. Operators of vital importance must also strengthen their security measures
and use detection systems approved by the Agency. France encourages public -private
cooperation to develop critical infrastructure protection and define an effective and
appropriate framework.
Norm (h): States should respond to appropriate requests for assistance by
another State whose critical infrastructure is subject to malicious ICT acts.
States should also respond to appropriate requests to mitigate malicious ICT
activity aimed at the critical infrastructure of another State emanating from their
territory, taking into account due regard for sovereignty.
To comply with this norm, France has, for example, developed a network of
trust-based cooperation through technical partnerships of the Nation al Cybersecurity
Agency, a network that, among other things, enables contact among computer
emergency response teams through permanent contact points.
In order to organize crisis management, France has also set up a permanent
interministerial mechanism for threat analysis, preparation and coordination, in the
form of a cybercrisis coordination centre. In particular, the centre allows information
to be exchanged smoothly among the various services to improve national
coordination and respond to these needs.
France has also set up a round-the-clock network of points of contact under the
Convention on Cybercrime to allow data freezing.
At OSCE, France has been involved in putting into operation the list of contact
points established pursuant to confidence-building measure 8 of Permanent Council
Decision No. 1106, and has supported various efforts to ensure that each State
establishes appropriate channels of exchange and information in accordance with
confidence-building measure 13 of Permanent Council Decision No. 1202.
Norm (i): States should take reasonable steps to ensure the integrity of the
supply chain so that end users can have confidence in the security of ICT
products. States should seek to prevent the proliferation of malicious ICT tools
and techniques and the use of harmful hidden functions.
France has encouraged the development of norms and standards for the industry,
notably through the Paris Call. It has also promoted the launch of international work
on the subject in various forums, mainly through the Digital Economy Task Force of
the Group of 20 and at OECD.
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