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A State may gain knowledge of such an act following a notification from an affected
State. Such notification must be made in good faith and should be accompanied with
supporting information. Supporting information may include sharing possible
Indicators of Compromise (IoCs), such as IP address and computers used for
malicious ICT acts and malware information.
States should be encouraged to ensure that non-State actors, including the private
sector, are prevented from conducting malicious ICT activities for their own purposes
or those of State or other non-State actors to the detriment of third parties including
those located on another State’s territory. This aim could be achieved by working with
the private sector to define permissible actions using a risk-based approach and to
develop concrete tools - certification processes, best-practices guides, response
mechanisms to incidents and, as appropriate, national regulations.
This norm should not be interpreted as requiring a State to monitor proactively all
ICTs within its territory, or to take other preventative steps.
ii. A State that becomes aware of harmful ICT activities emanating from its territory but lacks the
capacity to respond may choose to seek assistance from other States, including through
standard assistance request templates.
In such cases, assistance may be sought from other States, or from a private entity,
which if provided should be done in a manner consistent with national law, and
international human rights law.
d. States should consider how best to cooperate to exchange information, assist each other, prosecute
terrorist and criminal use of ICTs and implement other cooperative measures to address such threats.
States may need to consider whether new measures need to be developed in this respect. (2015 ¶13(d)).
i. In implementing this norm, States should:
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e.
Consider, as appropriate, supporting the work of the UN Commission on Crime
Prevention and Criminal Justice, including by renewing the mandate of the openended intergovernmental Expert Group, and supporting its ongoing efforts to study,
in a comprehensive manner, the problem of cybercrime.
Support the efforts of the United Nations Office on Drugs and Crime to continue to
provide, upon request and based on national needs, technical assistance and
sustainable capacity-building to Member States to deal with cybercrime, through the
Global Programme on Cybercrime and, inter alia, its regional offices, in relation to
the prevention, detection, investigation and prosecution of cybercrime in all its forms,
recognizing that cooperation with Member States, relevant international and regional
organizations, the private sector, civil society and other relevant stakeholders can
facilitate this activity.
Implement existing measures in a manner that is consistent with their obligations and
consider taking new measures, such as adopting national legislation to combat
cybercrime, in a manner that is consistent with States’ human rights obligations and
that ensures judicial guarantees.
States, in ensuring the secure use of ICTs, should respect Human Rights Council resolutions
A/HRC/RES/20/8 and A/HRC/RES/26/13 (The promotion, protection and enjoyment of human rights
on the Internet), as well as General Assembly resolutions A/RES/68/167 and A/RES 69/166 (The right
to privacy in the digital age), to guarantee full respect for human rights, including the right to freedom
of expression. (2015 ¶13(e))
i. States should:
Comply with their obligations under national and international law, when considering,
developing or applying national cybersecurity policies or legislation or when
designing and putting into place cyber security related initiatives or structures
including measures to ensure the protection of all human rights.
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