typically have these in place, this is not necessarily true for smaller entities, or
companies that are new to developing technology solutions (e.g. car manufacturers
or banks).
Secondly, we encourage states themselves to require all departments to
establish vulnerability disclosure policies, with clear processes and safe havens for
security researchers, as the United States has recently embarked upon.
Thirdly, states should ensure that the legal frameworks they have in place allow
security researchers to find and report vulnerabilities without negative sanctions for
their behavior.
Finally, we encourage states to each adopt and publish respective
Vulnerabilities Equities Processes, detailing how they evaluate whether to retain or
disclose information on a potential ICT vulnerability. Cybersecurity Tech Accord
signatories believe these should:
k) States should not
conduct or knowingly
support activity to
harm the information
systems of the
authorized emergency
response teams
(sometimes known as
computer emergency
response teams or
cybersecurity incident
response teams) of
another State. A State
should not use
authorized emergency
response teams to
engage in malicious
international activity.
-
Presume disclosure as the starting point;
-
Mandate that all government-held vulnerabilities, irrespective of where or how
they have been identified, go through an evaluation process leading to a
decision to disclose or retain it;
-
Make public the criteria used in determining whether to disclose a vulnerability
or not. In addition to assessing the relevance of the vulnerability to national
security, these criteria should also consider threat and impact, impact on
international partners, and commercial concerns;
-
Clearly consider the impact on the computing ecosystem if the vulnerability is
released publicly and the costs associated with cleanup and mitigation;
-
Ensure any decision to retain a vulnerability is subject to a six-month review;
-
Ensure that any retained vulnerabilities are secure from theft (or loss).
Asia Pacific
Network
Information
Centre
APNIC ran a workshoplxxv at the IGF in 2017 where this norm was discussed. As
pointed out in different submissions, Microsoft and GPD, it is important to establish
collaboration mechanisms with industry and the technical community, in particular
the CERT community via first.org.
Australian
Strategic
Policy
Institute,
International
Cyber Policy
Centre
Implementation of norms are demonstrated by states’ actions, capabilities, and
strategic policy direction. As this norm deals with States’ efforts to refrain from
harming recognised CERTs, examples of implementation include:
Global
Partners
Digital
-
States establish and assign an authorised national CERT
-
Participation of authorised national CERTs in regional and international
networks, like FIRST, APCERT, OIC-CERT, PacSON
-
Participation of authorised national CERTs in international cybersecurity
exercises and challenges, like the ASEAN Cyber Incident Drill.
-
States ensure a separation of roles and responsibilities of the authorised
national CERT from other arms of government
-
States make public statements and commitments to the legal and legitimate use
of sovereign cyber capabilities, and its adherence to international law and the
norms.
Incident response requires quick information sharing, which is dependent on
strong relationships between the actors involved. A degree of independence and
transparency between computer incident response teams (CERTs) and parts of
government is important from a rights perspective, to ensure that a CERT carries out
its work without impinging on freedom of expression or privacy.lxxvi
Best practice observation of this norm should consider both authorised and
non-authorised emergency response teams as CERTs vary widely globally in their
independence and relationship to government actors.
@DFAT DFAT.GOV.AU
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