support of stability and security in the use of ICTs – including national cybersecurity
strategies and cybersecurity and cybercrime legislation, and relevant international
agreements–, these should be rights-respecting and developed in an open, inclusive,
and transparent way.
Examples of good practices can therefore refer to frameworks that include
explicit reference to the link between stability and security in the use of ICTs and
human rights.vi Furthermore, they are likely to include protections for strong
technical standards for the protection of data, networks and infrastructure including
strong encryption standards and comprehensive data protection legislation.vii These
measures increase stability and security in the use of ICTs in a rights-respecting way.
On the other hand, ICT practices which are harmful from a rights-based perspective
include arbitrary surveillance, censorship and network disruptions.viii
Institute for
International
Cyber
Stability
Kaspersky
We believe that further development of clear industry standards, technical
requirements and security measures applied to ICT products and services will help
build cyber resilience globally.
When malicious cyber incidents occur States should be willing to discuss
publicly why the incident rose to the level of violating one of the 11 agreed UN GGE
norms and specifically whether international law was breached. Tying specific
incidents to specific norms and specific international rules will help clarify what the
norms are and the law is as well as implement the 11 norms. This will also serve as a
means to socialize or internationalize the norms.
Such standards and best practices have to be industry-led, consensus driven,
interoperable and global to ensure they are applied consistently and universally.
A good example of such efforts is the Cybersecurity Act of the European Union,
which prescribes the creation of the European Cybersecurity Certification
Framework19 through a multistakeholder approach (namely, through a creation of
Ad-Hoc Working Groups and the Stakeholder Cybersecurity Certification Group).
An additional example is the publication of draft guidelines on data protection
‘by design’ and ‘by default’ by the European Data Protection Board for a public
consultation20. This illustrates how the concept and its technical and organizational
measures have to be developed and applied according to industry’s best practices
and experience. Kaspersky has also shared its recommendations.ix
Greater transparency on Member States’ activities in cyberspace and the
rationale that informs their decision-making would reduce uncertainty and
contribute to greater stability in cyberspace. In particular, it includes policy directives
that outline priorities and intentions, strategy documents on ICT governance; ICT
program budgets and roadmaps; descriptions of their initiatives to coordinate and
cooperate with the community, including private sector, technical community,
academia and civil society, on the beneficial use of ICTs.
Microsoft
In the wake of international ICT incidents, we encourage governments to
explain how such actions violate international expectations for responsible behavior.
Even coordinated attributions today often fail to explicitly connect the malicious
activity with particular norms or international legal standards they have transgressed
– including, for example, the Budapest Convention.
Tech Accord
First of all, governments should adopt and implement comprehensive national
cybersecurity strategies, with the aim of increasing the resilience of their domestic
online environment. Whenever possible these should incorporate an international
cybersecurity strategy component.
Secondly, we encourage governments to adopt and make public their military
doctrines, in particular as they relate to the online environment.
Thirdly, we encourage governments to establish, fund, and maintain Computer
Emergency Response Teams (CERT) and ensure that they are able to coordinate,
share good practice, and partner in response to an online incident.
Fourthly, we encourage governments to publish detailed statements explaining
how they interpret the application of international law to cyberspace.
@DFAT DFAT.GOV.AU
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