States should consider the recommendations from CERT networks on how to
best support CERT activities, including the contribution of FIRST, the global network
of CERTs, to the OEWG.lxxvii
Institute for
International
Cyber
Stability
States should articulate what level of harm that this norm is focused on.
International law already prohibits action by one State within the territory of another
State (whether this is harm against the government, private sector like critical
infrastructure or a combination like a CERT may be) that rises to a certain level of
harm (i.e., a use of force). In developing clarity on what level of harm this norm is
prohibiting then it may be grounded in or another of international legal principles.
This would improve the likelihood of this norm being implemented. This would also
serve to deter those States that violate this norm since the victim State would be
allowed to conducted responses to the violator therefore raising the costs to those
States that chose to violate this norm.
States should pass domestic law or policy that identifies CERTs as critical
infrastructure.
Microsoft
We believe that digital activities central to daily life deserve protection from
cyberattacks. The GGE and the OEWG can and should declare that everyday activities
— such as access to food, water, energy, housing, mass transit and other
transportation infrastructure, basic functions of civil government (e.g., voting, issuing
licenses), health care, and core elements needed for the internet itself to function —
should be off-limits to cyberattacks by governments and non-governmental actors.
Such declarations would contribute to a process of building expectations and rules
governing cyberspace.
Tech Accord
As with norm f), we believe that increased transparency around state activity
online will help increase the stability and security of our common online
environment. The Cybersecurity Tech Accord signatories therefore urge states to
issue commitments that they will act in accordance with international law as well as
norms of responsible state behavior agreed at the UN.
Secondly, we encourage states to go a step further and be transparent around
how they interpret and implement international law and norms. This will not only
help solidify these frameworks, but also allow other stakeholders to understand
what cyber operations might be seen as permissible and which ones might draw
consequences.
Finally, we encourage states to develop effective accountability frameworks,
which would allow perpetrators to be punished, and at the same time act as a
deterrent against future violations.
https://dfat.gov.au/international-relations/themes/cyber-affairs/Documents/ungge-2015-a70174.pdf
https://dfat.gov.au/international-relations/themes/cyber-affairs/Documents/ungge-2015-a-res-70-237.pdf
iii https://www.dfat.gov.au/international-relations/themes/cyber-affairs/Pages/public-consultation-responsible-state-behaviour-in-cyberspace-in-thecontext-of-international-security-at-the-united-nation
iv
https://www.dfat.gov.au/sites/default/files/how-australia-implements-the-ungge-norms.pdf
i
ii
v
https://www.dfat.gov.au/international-relations/themes/cyber-affairs/Pages/international-security-and-cyberspace
vi States which have done this in their national cybersecurity strategies include: Canada (2018), Chile (2017), Costa Rica (2017), France (2015), Greece
(2018) and Sweden (2017). National strategies can also include objectives or principles, to respect, protect and promote the human rights of persons,
include a definition of cybersecurity which is consistent with human rights and international best practice, and if they include a definition of cybercrime,
that definition should be consistent with human rights and international best practice.
vii Association of Progressive Communications and Global Partners Digital, “Unpacking the GGE’s framework on responsible state behaviour: Cyber
norms”
viii
Ibid
ix
https://edpb.europa.eu/sites/edpb/files/webform/public_consultation_reply/kasperskys_submission_on_the_guidelines_on_article_25_data_
protection_by_design_and _by_default.pdf
x
Association of Progressive Communications and Global Partners Digital, “Unpacking the GGE’s framework on responsible state behaviour: Cyber norms”
xi
Egloff, Florian J. (2019) “Contested public attributions of cyber incidents and the role of academia”
@DFAT DFAT.GOV.AU
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